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

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]

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