[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