[Federal Register Volume 61, Number 122 (Monday, June 24, 1996)]
[Rules and Regulations]
[Pages 32328-32331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15935]



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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: Final rule.

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[[Page 32329]]

SUMMARY: The Coast Guard is establishing 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.

EFFECTIVE DATE: This section is effective on June 24, 1996.

FOR FURTHER INFORMATION CONTACT:
Lieutenant Commander James B. Donovan, Office of Search and Rescue, 
First Coast Guard District, (617) 223-8278.

SUPPLEMENTARY INFORMATION:

Regulatory History

    A notice of proposed rulemaking (NPRM) was published on May 23, 
1996, (61 FR 25835) in the Federal Register proposing to establish a 
permanent special local regulation for the annually recurring fireworks 
displays throughout the First Coast Guard District. No comments were 
received and no hearing was requested.

Background and Purpose

    Each year, organizations in the First District sponsor fireworks 
displays in the same general location during the same general time 
period. The Coast Guard is establishing 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 exclusion zone around 
the launch platform to ensure the safety of persons and property at 
these events. In the event the fireworks are launched from shore, the 
regulated area will only include navigable waters that fall within a 
500 yard radius of the launch site. Coast Guard personnel on-scene may 
allow persons 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.
    Good cause exists for providing for this rule to become effective 
in less than 30 days. Due to the need to publish notice in the Federal 
Register which will provide exact dates and times of each event and the 
necessity to have the regulation in effect for these events over the 
Fourth of July weekend, this final rule is being made effective in less 
than 30 days after publication. Any delay encountered in making this 
rule effective would be contrary to the public interest as the rule is 
needed to ensure the safety of the boating public during these events.

Discussion of Changes

    Minor changes have been made to the NPRM and are contained in this 
final rule. The following changes have been made to clarify portions of 
the rule and make it easier to read: events listed in the table have 
been placed in alphabetical order; in the final regulation, paragraph 
(b)1 was deleted; the Effective dates section has been modified to 
better describe the duration of the regulation; and the regulated area 
has been further described by the term ``navigable waters.''

Regulatory Evaluation

    This rule 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 rule 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 explaining why you think it qualifies and in what way and to 
what degree this rule will economically affect it.

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 contained in Executive Order 12612 and has determined that 
this rule 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 
rule 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 rule 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.

Final Regulation

    For reasons set out in the preamble, the Coast Guard amends 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. Section 100.114 is added to read as follows:


Sec. 100.114  First Coast Guard District Fireworks.

    (a) Regulated area. That area of navigable waters within a 500 yard 
radius of the launch platform for each fireworks display listed in 
Table 1.

Table 1--Fireworks Displays

1. 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

2. Anniversary Fireworks
Sponsor: Town of Chilmark
Date: Weekend in September
Location: Menemsha Beach, Chilmark, MA


[[Page 32330]]


3. Bangor Fireworks
Sponsor: Bangor 4th of July Corporation
Date: Independence Day holiday weekend
Location: Bangor/Brewer waterfront, ME

4. Bar Harbor Fireworks
Sponsor: Bar Harbor Chamber of Commerce
Date: Independence Day holiday weekend
Location: Bar Harbor/Bar Island, ME

5. Bayville Crescent Club Fireworks
Sponsor: Bayville Crescent Club, Bayville, NY
Date: Independence Day holiday weekend
Location: Cooper Bluff, Cone Neck, NY

6. Belfast Fireworks
Sponsor: Belfast Bay Festival Committee
Date: Third Saturday in July
Location: Belfast Bay, ME

7. Boston Harborfest Fireworks
Sponsor: Harborfest Committee
Date: Harborfest Week Celebration in June or first week in July
Location: Boston Inner Harbor, Boston, MA

8. Boys Harbor Fireworks Extravaganza
Sponsor: Boys Harbor Inc.
Date: Second or third weekend in July
Location: Three Mile Harbor, East Hampton, NY

9. Brick Founders Day Fireworks
Sponsor: Brick Township Chamber of Commerce
Date: First weekend in June
Location: Metedeconk River, Windward Beach, Brick Township, NJ

10. Brick Summerfest Fireworks
Sponsor: Brick Township Chamber of Commerce
Date: Independence Day holiday weekend
Location: Metedeconk River, Windward Beach, Brick Township, NJ

11. Bristol 4th of July Fireworks
Sponsor: Bristol Fourth of July Committee
Date: Independence Day holiday weekend
Location: Bristol Harbor, Bristol, RI

12. Change Fireworks
Sponsor: Change, Medford, NY
Date: Date within first two weekends of August
Location: Short Beach, Nissequogue, NY

13. City of New Bedford Fireworks
Sponsor: City of Bedford
Date: Independence Day holiday weekend
Location: New Bedford Harbor, New Bedford, MA

14. City of Norwalk Fireworks
Sponsor: Norwalk Recreation and Parks Department
Date: Independence Day holiday weekend
Location: Calf Pasture Beach, Long Island Sound, Norwalk, CT

15. Cow Harbor Day Fireworks
Sponsor: Village of Northport Harbor
Date: Date within last two weekends of September
Location: Sand Pit, Northport Harbor, Northport, NY

16. Devon Yacht Club Fireworks
Sponsor: Devon Yacht Club, Amagansett, NY
Date: Date within the first week of July
Location: Devon Yacht Club, Amagansett, NY

17. Edgartown Fireworks
Sponsor: Edgartown Firefighters Association
Date: Independence Day holiday weekend
Location: Edgartown Harbor, Edgartown, MA

18. Fairfield Aerial Fireworks
Sponsor: Fairfield Park Commission
Date: Independence Day holiday weekend
Location: Jennings Beach, Long Island Sound, Fairfield, CT

19. 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

20. Falmouth Fireworks
Sponsor: Falmouth Fireworks Committee
Date: July 4
Location: Falmouth Harbor, .25 nm east of buoy #16, Falmouth, MA

21. 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

22. First Night Fireworks
Sponsor: First Night Inc.
Date: January 1, upon the stroke of midnight
Location: Boston Inner Harbor, Boston, MA

23. First Night Mystic
Sponsor: Mystic Community Center
Date: December 31
Location: Mystic River, Mystic, CT

24. Gloucester Fireworks
Sponsor: Gloucester Chamber of Commerce
Date: Labor Day holiday weekend
Location: Gloucester Harbor, Gloucester, MA

25. Hartford Riverfest
Sponsor: July 4th Riverfest, Inc.
Date: Independence Day holiday weekend
Location: Connecticut River, Hartford, CT

26. Hartford Riverfront Regatta
Sponsor: Riverfront Recapture Inc.
Date: First or second weekend in August
Location: Connecticut River, Hartford, CT

27. Hempstead Fireworks
Sponsor: Town of Hemstead, NY
Date: Date within the first week of July
Location: Point Lookout, Hempstead, NY

28. 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

29. Koch Industries Fireworks
Sponsor: Koch Industries
Date: Last weekend in August or first weekend in September
Location: Shinnecock Bay, South Hampton, NY

30. Marion Fireworks
Sponsor: Town of Marion Fireworks Committee
Date: Independence Day holiday weekend
Location: Silver Shell Beach, Marion, MA

31. Middletown Fireworks
Sponsor: City of Middletown
Date: Independence Day holiday weekend
Location: Connecticut River, Middletown, CT

32. Montauk Independence Day
Sponsor: Montauk Chamber of Commerce
Date: Independence Day holiday weekend
Location: Montauk Town Beach, Montauk NY

33. Norwich American Wharf Fireworks
Sponsor: American Wharf Marina
Date: Independence Day holiday weekend
Location: Norwich Harbor, Norwich, CT

34. Norwich Harbor Day Fireworks
Sponsor: Harbor Day Committee
Date: Last Sunday in August
Location: Norwich Harbor, off American Wharf Marina, Norwich, CT

35. Oaks Bluff Firworks
Sponsor: Oaks Bluff Fireman's Civic Association
Date: Last two weeks in August
Location: Oaks Bluff Beach, Oaks Bluff, MA

36. Old Lyme Fireworks
Sponsor: Mr. James R. Rice
Date: Independence Day holiday weekend
Location: Sound View Beach, Long Island Sound, Old Lyme, CT


[[Page 32331]]


37. Onset Fireworks
Sponsor: Prudential Commercial Onset Fire District
Date: Independence Day holiday weekend
Location: Onset Harbor, Onset, MA

38. Oyster Harbor Club Fourth of July Festival
Sponsor: Oyster Harbor Club, Inc.
Date: Independence Day holiday weekend
Location: Tim's Cove, North Day, Osterville, RI

39. 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

40. Shooters Independence Day
Sponsor: Shooters Waterfront Cafe USA
Date: July 4
Location: Providence River off India Point Park, Providence, RI

41. 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

42. Stamford Fireworks
Sponsor: City of Stamford
Date: Date within first two weeks of July
Location: Westcott Cove, Stamford, CT

43. Stratford Fireworks
Sponsor: Town of Stratford
Date: Independence Day holiday weekend
Location: Short Beach, Stratford, CT

44. Subfest Fireworks
Sponsor: U.S. Naval Submarine Base
Date: Independence Day holiday weekend
Location: Thames River, Groton, CT

45. Summer Music Fireworks
Sponsor: Summer Music Inc.
Date: Weekend during month of August
Location: Niantic River, Harkness Park, Waterford, CT

46. Taste of Italy
Sponsor: Italian Heritage Committee
Date: Weekend following Labor Day holiday weekend
Location: Norwich Harbor, off Norwich Marina, Norwich, CT

47. Thames River Fireworks
Sponsor: Town of Groton
Date: Weekend following Independence Day holiday weekend
Location: Thames River, off Electric Boat, Groton, CT

48. Tiverton Waterfront Festival
Sponsor: Tiverton Waterfront Festival Committee
Date: Independence Day holiday weekend
Location: Grinnel's Beach, Sakonnet River, Tiverton, RI

49. Town of Babylon Fireworks
Sponsor: Town of Babylon, NY
Date: Date within the first two weeks of July
Location: Nezeras Island, Babylon, NY

50. Town of Barnstable Fireworks
Sponsor: Town of Barnstable
Date: Independence Day holiday weekend
Location: Dunbar Point/Kalmus Beach, Barnstable, MA

51. 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

52. Walsh's Fireworks
Sponsor: Mr. Patrick Walsh
Date: Independence Day holiday weekend
Location: Union River Bay, ME

53. Wellfleet Fireworks
Sponsor: Wellfleet Fireworks Committee
Date: Independence Day holiday weekend
Location: Indian Neck Jetty, Wellfleet, MA

54. Westport P.A.L. Fireworks
Sponsor: Westport Police Athletic League
Date: Independence Day holiday weekend
Location: Compo Beach, Westport, CT

55. Weymouth 4th of July Fireworks
Sponsor: Town of Weymouth Harbormaster
Date: Independence Day holiday weekend
Location: Weymouth Fore River, Weymouth, MA

56. Yampol Family Fireworks
Sponsor: Azurite Corp. LTD., Fort Lauderdale, FL
Date: Date within the last weekend of May
Location: Barons Cove, Sag Harbor, NY

57. 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

    (b) Special local regulations.
    (1) 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.
    (2) 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.
    (3) 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 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 from one hour before 
the scheduled start of the event until thirty minutes after the last 
firework is exploded for each event listed in Table One on the Dates 
and times specified in a Federal Register document.

    Dated: June 7, 1996.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 96-15935 Filed 6-21-96; 8:45 am]
BILLING CODE 4910-14-M