[Federal Register Volume 62, Number 109 (Friday, June 6, 1997)]
[Rules and Regulations]
[Pages 30988-30991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14742]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD01-97-009]
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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SUMMARY: The Coast Guard is revising the special local regulation for 
annual fireworks displays in the First Coast Guard District. The final 
rule includes additional fireworks displays and arranges the events 
listed in Table 1 by 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.

DATE: Effective June 23, 1997.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander James B. Donovan, 
Office of Search and Rescue, First Coast Guard District, (617) 223-
8268.

SUPPLEMENTARY INFORMATION:

Regulatory History

    A notice of proposed rulemaking (NPRM) was published on April 21, 
1997, (62 FR 19240) in the Federal Register proposing to update the 
permanent special local regulation for the annually recurring fireworks 
displays in the First Coast Guard District. The Coast Guard received no 
comments on the proposed rulemaking. A public hearing was not requested 
and one was not held.

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 updating the special local regulation at 33 
CFR 100.114 which provides a regulated area surrounding the launch 
platform used during each fireworks display. Table 1 of the regulation 
provides dates and locations for the annual fireworks events. This 
final rule updates Table 1 by adding and deleting several events. Table 
1 has also been revised to list the events in chronological order to 
ease administration by the Coast Guard and provide better notice to the 
public.
    Each event listed in Table 1 will use a barge or on-shore site as 
the fireworks launch platform. The special local regulation controls 
vessel movement within a 500 yard radius 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 only includes 
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 publishes notices in 
the Federal Register each year which provide the exact dates and times 
for these events.
    Good cause exists for this rule to become effective in less than 30 
days. Due to the need to publish notice in the Federal Register of the 
exact dates and times of each event and the necessity to have the 
regulation in effect for events celebrating the Fourth of July, 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

    No comments were received. The Coast Guard has deleted the Museum 
of Science Memorial Day Fireworks and the Yampol Family Fireworks from 
Table 1. Both events are no longer held. Also, the Macys' July 4th 
Fireworks Display has been deleted from Table 1 since it is not an 
appropriate event for inclusion in section 100.114.

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 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 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.

[[Page 30989]]

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.

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 through 1236; 49 CFR 1.46; 33 CFR 100.35.
    2. In section 100.114 table 1 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. 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
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
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: 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 during late June/early 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 Beford
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

[[Page 30990]]

Sponsor: Yarmouth-Dennis Chamber of Commerce
Date: On or about July 4
Location: Nautucket 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
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: South 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. Westport 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. Montauk Independence Day
Sponsor: Montauk Chamber of Commerce
Date: On or about July 4
Location: Montauk Town Beach, Montauk, NY
39. Dolan Family Fireworks
Sponsor: Mr. Charles F. Dolan
Date: On or about July 4
Location: Cove Point, Oyster Bay, NY
40. 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
41. 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
42. 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
43. Brick Summerfest Fireworks
Sponsor: Brick Township Chamber of Commerce
Date: On or about July 4
Location: Metedeconk River, Windward Beach, Brick Township, NJ
44. Thames River Fireworks
Sponsor: Town of Groton
Date: Weekend following July 4
Location: Thames River, off Electric Boat, Groton, CT
45. Stamford Fireworks
Sponsor: City of Stamford
Date: A date within first two weeks of July
Location: Westcott Cove, Stamford, CT
46. Town of Babylon Fireworks
Sponsor: Town of Babylon, NY
Date: A date within the first two weeks of July
Location: Nezeras Island, Babylon, NY
47. Boys Harbor Fireworks Extravaganza
Sponsor: Boys Harbor Inc.
Date: Second or third weekend in July
Location: Three Mile Harbor, East Hampton, NY
48. 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 River, vicinity of bouy #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: Hempstead Harbor, Hempstead, NY
2. Taste of Italy
Sponsor: Italian Heritage Committee
Date: Weekend following Labor Day holiday weekend

[[Page 30991]]

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: May 22, 1997.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 97-14742 Filed 6-5-97; 8:45 am]
BILLING CODE 4910-14-M