[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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