[Federal Register Volume 62, Number 76 (Monday, April 21, 1997)]
[Proposed Rules]
[Pages 19240-19243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10232]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD01-97-009]


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

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to revise the special local 
regulation for annual fireworks displays in the First Coast Guard 
District. The revision will include additional fireworks displays, and 
arrange the events listed in Table 1 by order of event date. 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 May 21, 1997.

ADDRESSES: Comments should be mailed to Commander (osr), First Coast 
Guard District, Captain John Foster Williams Federal Building, 408 
Atlantic Ave., Boston, MA 02110-3350, or may be hand delivered to Room 
734 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 Commander J.B. Donovan, Office of Search and Rescue, First 
Coast Guard District, (617) 223-8278.

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 (CGD01-97-009), the specific section of the 
proposal to which each comment applies, and give the reason for each 
comment. 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 (osr), 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 60 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 revise Table 1 in order to regulate events occurring in 
May, 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. 33 
CFR 100.114 provides special local regulations to ensure the safety of 
these events. Table 1 of 33 CFR 100.114 provides approximate dates and 
locations for these annual fireworks events. Each event uses a barge or 
on-shore site as the fireworks launch platform. The special local 
regulations control vessel movement within a 500 yard radius around the 
launch platforms to ensure the safety of persons and property. Coast 
Guard personnel on-scene may allow persons within the 500 yard radius 
should conditions permit. The Coast Guard publishes notices in the 
Federal Register which provide the exact dates and times for these 
events.
    The Coast Guard proposes to revise the special local regulation in 
Section 100.114 by adding and deleting several fireworks displays. The 
revised list of events is based on input received from organizations 
throughout the First District. The Coast Guard also proposes to revise 
Table 1 to list the events in chronological order to ease 
administration of the events by the Coast Guard and to provide better 
notice to the public.
    The Coast Guard proposes to add the following fireworks displays to 
Table 1:

First Night Martha's Vineyard
Sponsor: Town of Martha's Vineyard Chamber of Commerce
Date: December 31
Location: Vineyard Haven Harbor, Martha's Vineyard, MA

City of New Bedford First Night
Sponsor: City of New Bedford
Date: December 31
Location: New Bedford Harbor, New Bedford, MA

Hull Memorial Day Festival
Sponsor: Town of Hull
Date: Memorial Day week or weekend

[[Page 19241]]

Location: Nantasket Beach, Hull, MA

Ellis Island Medals of Honor Ceremony Fireworks Display
Sponsor: National Ethnic Coalition of Organizations
Date: Third Sunday of May
Location: Upper Bay New York Harbor, New York, NY

Museum of Science Memorial Day Fireworks
Sponsor: Museum of Science
Date: Memorial Day week or weekend
Location: Charles River, Boston, MA

Barnum Festival Fireworks
Sponsor: The Barnum Foundation
Date: A date during the last week of June or first week of July
Location: Seaside Park-Bridgeport Harbor, Bridgeport, CT

Schooner Days Fireworks
Sponsor: Town of Rockland Chamber of Commerce
Date: A date within the first two weeks of July
Location: Rockland Harbor, Rockland, ME

Summer Music Fireworks
Sponsor: Summer Music, Inc.
Date: On or about July 3
Location: Niantic River, Harkness Park, Waterford, CT

Stewarts 4th of July Fireworks Display
Sponsor: W.P. Stewart
Date: On or about July 4
Location: Somes Sound, Northeast Harbor, ME

Colchester Bay, VT
Sponsor: Town of Colchester Parks and Recreation Dept.
Date: On or about July 4
Location: Malletts Bay, Lake Champlain, Colchester, VT

Beverly Farms Fourth of July Celebration
Sponsor: Farms-Pride 4th of July Committee, Inc.
Date: On or about July 4
Location: West Beach, Manchester Bay, Beverly Farms, MA

Gloucester Fireworks
Sponsor: Gloucester Chamber of Commerce
Date: On or about July 4
Location: Gloucester Harbor, Gloucester, MA

Plymouth Fireworks Display
Sponsor: July Four Plymouth, Inc.
Date: On or about July 4
Location: Plymouth Harbor, Plymouth, MA

Macy's July 4th Fireworks Display
Sponsor: Macy's East, Inc.
Date: Or or about July 4
Location: New York Harbor Upper Bay, Manhattan, NY

Dolan Family Fireworks
Sponsor: Mr. Charles F. Dolan
Date: On or about July 4
Location: Cover Point, Oyster Bay, NY

National Night Out Against Crime
Sponsor: 100th Precinct Community Council
Date: First Tuesday of August
Location: Rockaway Park, Rockaway Beach, NY

Summer Music Fireworks
Sponsor: Summer Music, Inc.
Date: On or about August 3
Location: Niantic River, Harkness Park, Waterford, CT

Summer Music Fireworks
Sponsor: Summer Music, Inc.
Date: On or about August 23
Location: Niantic River, Harkness Park, Waterford, CT

Camden Fireworks Display
Sponsor: Town of Camden Chamber of Commerce
Date: Labor Day weekend
Location: Camden Harbor, Camden, ME

Grand Fiesta Italiana
Sponsor: Sons of Italy, Port Washington, NY
Date: First Saturday following Labor Day
Location: Hemptstead Harbor, Hempstead, NY

Norwalk Oyster Festival Fireworks
Sponsor: Norwalk Seaport Association
Date: A date within the first two weekends of September
Location: Norwalk Harbor, Norwalk, CT

City of Yonkers Fireworks
Sponsor: City of Yonkers
Date: Third Saturday of September
Location: Hudson River, Yonkers, NY

Rensselaer Festival
Sponsor: City of Rensselaer
Date: A date during the second or third weekend in September
Location: Hudson River, Rensselaer, NY

Deepavali Festival
Sponsor: Association of Indians in America, Inc.
Date: A day during last week of September or first week of October
Location: East River, Manhattan, NY

    The Coast Guard proposes to delete the following fireworks 
events displays from Table 1.

U.S. Open Fireworks
Sponsor: Barons Cove Inn, Sag Harbor, NY
Date: A date within the middle two weeks of June
Location: Barons Cove, Sag Harbor, NY

City of Yonkers Fireworks
Sponsor: City of Yonkers
Date: A date during the second or third weekend of September
Location: Hudson River

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

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

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

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

Regulatory Evaluation

    This proposal is not a significant regulatory action under 
Executive Order 12866 and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of that order. It has not been 
reviewed 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

    The Coast Guard has considered the economic impact of this rule on 
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.) For the reasons discussed in the Regulatory Evaluation, the Coast 
Guard has determined that this rule will have no significant economic 
impact on 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 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 recordkeepign 
requirements, Waterways.

[[Page 19242]]

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. Table 1 of section 100.114 is revised to read as follows:


Sec. 100.114  First Coast Guard District Fireworks

* * * * *

Table 1--Fireworks Displays

DECEMBER

1. First Night Fireworks
Sponsor: First Night Inc.
Date: December 31
Location: Boston Inner Harbor, Boston, MA

2. First Night Martha's Vineyard
Sponsor: Town of Martha's Vineyard Chamber of Commerce
Date: December 31
Location: Vineyard Haven Harbor, Martha's Vineyard, MA

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

4. City of New Bedford First Night
Sponsor: City of New Bedford Chamber of Commerce
Date: December 31
Location: New Bedford Harbor, New Bedford, MA

MAY

1. Hull Memorial Day Festival
Sponsor: Town of Hull
Date: Memorial Day week or weekend
Location: Nantasket Beach, Hull, MA

2. Ellis Island Medals of Honor Ceremony Fireworks Display
Sponsor: National Ethnic Coalition of Organizations
Date: Third Sunday of May
Location: Upper Bay New York Harbor, New York, NY

3. Museum of Science Memorial Day Fireworks
Sponsor: Museum of Science
Date: Memorial Day week or weekend
Location: Charles River, Boston, MA

4. Yampol Family Fireworks
Sponsor: Azurite Corp. LTD., Fort Lauderdale, FL
Date: Last weekend of May
Location: Barons Cove, Sag Harbor, NY

JUNE

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

2. Barnum Festival Fireworks
Sponsor: The Barnum Foundation
Date: A date during the last week of June or first week of July
Location: Seaside Park-Bridgeport Harbor, Bridgeport, CT

JULY

1. Boston Harborfest Fireworks
Sponsor: Harborfest Committee
Date: A date during late June/early July
Location: Boston Inner Harbor, Boston, MA

2. American Legion Post 83 Fireworks
Sponsor: Town of Branford American Legion Post 83
Date: A date within the first week of July
Location: Branford Point, Branford, CT

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

4. Hempstead Fireworks
Sponsor: Town of Hempstead, NY
Date: A date within the first week of July
Location: Point Lookout, Hempstead, NY

5. Schooner Days Fireworks
Sponsor: Town of Rockland Chamber of Commerce
Date: A date within the first two weeks of July
Location: Rockland Harbor, Rockland, ME

6. Summer Music Fireworks
Sponsor: Summer Music, Inc.
Date: On or about July 3
Location: Niantic River, Harkness Park, Waterford, CT

7. Bangor Fireworks
Sponsor: Bangor 4th of July Corporation
Date: On or about July 4
Location: Bangor/Brewer waterfront, ME

8. Bar Harbor Fireworks
Sponsor: Bar Harbor Chamber of Commerce
Date: On or about July 4
Location: Bar Harbor/Bar Island, ME

9. Stewarts 4th of July Fireworks Display
Sponsor: W. P. Stewart
Date: On or about July 4
Location: Somes Sound, Northeast Harbor, ME

10. Walsh's Fireworks
Sponsor: Mr. Patrick Walsh
Date: On or about July 4
Location: Union River Bay, ME

11. Colchester Bay, VT
Sponsor: Town of Colchester Parks and Recreation Dept.
Date: On or about July 4
Location: Malletts Bay, Lake Champlain, Colchester, VT

12. Town of Barnstable Fireworks
Sponsor: Town of Barnstable
Date: On or about July 4
Location: Dunbar Point/Kalmus Beach, Barnstable, MA

13. Fourth of July Celebration
Sponsor: Farms-Pride 4th of July Committee, Inc.
Date: On or about July 4
Location: West Beach, Manchester Bay, Beverly Farms, MA

14. Edgartown Fireworks
Sponsor: Edgartown Firefighters Association
Date: On or about July 4
Location: Edgartown Harbor, Edgartown, MA

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

16. Gloucester Fireworks
Sponsor: Gloucester Chamber of Commerce
Date: On or about July 4
Location: Gloucester Harbor, Gloucester, MA

17. Marion Fireworks
Sponsor: Town of Marion Fireworks Committee
Date: On or about July 4
Location: Silver Shell Beach, Marion, MA

18. City of New Bedford Fireworks
Sponsor: City of New Bedford
Date: On or about July 4
Location: New Bedford Harbor, New Bedford, MA

19. Onset Fireworks
Sponsor: Prudential Commerce Onset Fire District
Date: On or about July 4
Location: Onset Harbor, Onset, MA

20. Plymouth Fireworks Display
Sponsor: July Four Plymouth Inc.
Date: On or about July 4
Location: Plymouth Harbor, Plymouth, MA

21. Wellfleet Fireworks
Sponsor: Wellfleet Fireworks Committee
Date: On or about July 4
Location: Indian Neck Jetty, Wellfleet, MA

22. Weymouth 4th of July Fireworks
Sponsor: Town of Weymouth Harbormaster
Date: On or about July 4
Location: Weymouth Fore River, Weymouth, MA

23. Yarmouth-Dennis Fireworks
Sponsor: Yarmouth-Dennis Chamber of Commerce
Date: On or about July 4
Location: Nantucket Sound, east of channel entrance to Bass River, 
Yarmouth, MA

24. Bristol 4th of July Fireworks
Sponsor: Bristol Fourth of July Committee
Date: On or about July 4
Location: Bristol Harbor, Bristol, RI

25. Oyster Harbor Club Fourth of July Festival
Sponsor: Oyster Harbor Club, Inc.
Date: On or about July 4
Location: Tim's Cove, North Bay, Osterville, RI

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

27. Tiverton Waterfront Festival
Sponsor: Tiverton Waterfront Festival Committee
Date: On or about July 4
Location: Grinnel's Beach, Sakonnet River, Tiverton, RI

28. Fairfield Aerial Fireworks
Sponsor: Fairfield Park Commission
Date: On or about July 4
Location: Jennings Beach, Long Island Sound, Fairfield, CT

29. Subfest Fireworks
Sponsor: U.S. Naval Submarine Base
Date: On or about July 4
Location: Thames River, Groton, CT

30. Middletown Fireworks

[[Page 19243]]

Sponsor: City of Middletown
Date: On or about July 4
Location: Connecticut River, Middletown, CT

31. Hartford Riverfest
Sponsor: July 4th Riverfest, Inc.
Date: On or about July 4
Location: Connecticut River, Hartford, CT

32. City of Norwalk Fireworks
Sponsor: Norwalk Recreation and Parks Department
Date: On or about July 4
Location: Calf Pasture Beach, Long Island Sound, Norwalk, CT

33. Norwich American Wharf Fireworks
Sponsor: American Wharf Marina
Date: On or about July 4
Location: Norwich Harbor, Norwich, CT

34. Old Lyme Fireworks
Sponsor: Mr. James R. Rice
Date: On or about July 4
Location: Sound View Beach, Long Island Sound, Old Lyme, CT

35. Stratford Fireworks
Sponsor: Town of Stratford
Date: On or about July 4
Location: Short Beach, Stratford, CT

36. Wesport P.A.L. Fireworks
Sponsor: Westport Police Athletic League
Date: On or about July 4
Location: Compo Beach, Westport, Ct

37. Bayville Crescent Club Fireworks
Sponsor: Bayville Crescent Club, Bayville, NY
Date: On or about July 4
Location: Cooper Bluff, Cove Neck, NY

38. Macy's July 4th Fireworks Display
Sponsor: Macy's East, Inc.
Date: On or about July 4
Location: New York Harbor Upper Bay, Manhattan, NY

39. Montauk Independence Day
Sponsor: Montauk Chamber of Commerce
Date: On or about July 4
Location: Montauk Town Beach, Montauk, NY

40. Dolan Family Fireworks
Sponsor: Mr. Charles F. Dolan
Date: On or about July 4
Location: Cove Point, Oyster Bay, NY

41. Jones Beach State Park Fireworks
Sponsor: Long Island State Park Administration Headquarters
Date: On or about July 4
Location: Fishing Pier, Jones Beach State Park, Wantagh, NY

42. Staten Island's 4th of July
Sponsor: Borough of Staten Island
Date: On or about July 4
Location: Raritan Bay, vicinity of federal anchorages 44 and 45, 
Ward Point Bend, NY/NJ

43. Fireworks on the Navesink
Sponsor: Red Bank Fireworks Committee
Date: On or about July 4
Location: Navesink River, 4 nm WSW Oceanic Bridge, Red Bank, NJ

44. Brick Summerfest Fireworks
Sponsor: Brick Township Chamber of Commerce
Date: On or about July 4
Location: Metedeconk River, Windward Beach, Brick Township, NJ

45. Thames River Fireworks
Sponsor: Town of Groton
Date: Weekend following July 4
Location: Thames River, off Electric Boat, Groton, CT

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

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

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

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

AUGUST

1. National Night Out Against Crime
Sponsor: 100th Precinct Community Council
Date: First Tuesday of August
Location: Rockaway Park, Rockaway Beach, NY

2. Summer Music Fireworks
Sponsor: Summer Music Inc.
Date: On or about August 3
Location: Niantic River, Harkness Park, Waterford, CT

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

4. Fall River Celebrates America Fireworks
Sponsor: Fall River Chamber of Commerce
Date: Second Saturday in August
Location: Taunton Ricer, vicinity of buoy #17, Fall River, MA

5. Summer Music Fireworks
Sponsor: Summer Music Inc.
Date: On or about August 23
Location: Niantic River, Harkness Park, Waterford, CT

6. Oaks Bluff Fireworks
Sponsor: Oaks Bluff Fireman's Civic Association
Date: A date during the last two weeks in August
Location: Oaks Bluff Beach, Oaks Bluff, MA

7. Camden Fireworks Display
Sponsor: Town of Camden Chamber of Commerce
Date: Labor day weekend
Location: Camden Harbor, Camden, ME

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

9. 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

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

SEPTEMBER

1. Grand Fiesta Italiana
Sponsor: Sons of Italy, Port Washington, NY
Date: First Saturday following Labor Day
Location: Hemptstead Harbor, Hempstead, NY

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

3. Norwalk Oyster Festival Fireworks
Sponsor: Norwalk Seaport Association
Date: A date within the first two weekends of September
Location: Norwalk Harbor, Norwalk, CT

4. Anniversary Fireworks
Sponsor: Town of Chilmark
Date: On or about 14 September
Location: Menemsha Beach, Chilmark, MA

5. City of Yonkers Fireworks
Sponsor: City of Yonkers
Date: Third Saturday of September
Location: Hudson River, Yonkers, NY

6. City of Yonkers Fireworks
Sponsor: City of Yonkers
Date: A date during the second or third weekend of September
Location: Hudson River

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

8. Rensselaer Festival
Sponsor: City of Rensselaer
Date: A date during the second or third weekend in September
Location: Hudson River, Rensselaer, NY

9. Deepavali Festival
Sponsor: Association of Indians in America, Inc.
Date: A day during last week of September or first week of October
Location: East River, Manhattan, NY
* * * * *
    Dated: April 10, 1997.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 97-10232 Filed 4-18-97; 8:45 am]
BILLING CODE 4910-14-M