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.

Proposed Rules Federal Register

25835

Vol. 61, No. 101

Thursday, May 23, 1996

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

81⁄2′′ 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 onshore 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-forprofit 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
25836 Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Proposed Rules

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, § 100.114, is added

to read as follows:

§ 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
Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Proposed Rules 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
25838 Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Proposed Rules

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

Coast Guard

33 CFR Part 165

[COTP San Diego 96–002]

RIN 2115–AA97

Security Zone; San Diego Bay, San

Diego, CA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: At the request of the Secret

Service, the Coast Guard proposes to

establish a temporary security zone

within San Diego Bay adjacent to the

San Diego Convention Center. The

security zone is needed to ensure the

security of those attending the

Republican National Convention by

securing the nearby Marriott Marina and

any adjacent vessels, waterfront

facilities, or waters. Authorized vessels

will be permitted to enter or remain

within the security zone.

DATES: Comments must be received on

or before July 8, 1996. Two public

meetings will be held: one meeting on

June 1, 1996 at 10 a.m. and the second

meeting on July 2, 1996 at 7 p.m.

ADDRESSES: Comments may be mailed to

LTJG John V. Reinert, Marine Safety

Office San Diego, 2716 N. Harbor Dr.,

San Diego, CA 92101. Comments may

also be delivered between 8 a.m. and 3

p.m., Monday through Friday, except

Federal holidays. Comments will be

available for inspection and copying at

this address between 8 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays.

The June 1, 1996 public meeting will

be held at the San Diego Marriott and

Marina, 385 West Harbor Drive, San

Diego, CA. The July 2, 1996 public

meeting will be held at Building ‘‘I’’,

Coast Guard Activities San Diego, 2710

North Harbor Drive, San Diego, CA.

FOR FURTHER INFORMATION CONTACT:

LTJG John V. Reinert, Marine Safety

Office, 2716 N. Harbor Dr., San Diego,

CA 92101 (619) 683–6486.

SUPPLEMENTARY INFORMATION:

Request for Comments

Interested persons are invited to

participate in this rule making by

submitting written views, data or

arguments. Persons submitting

comments should include their names

and addresses, identify this notice

(COTP San Diego 96–002) and the

specific section of the proposal to which

their comments apply. Reasons should

be given for each comment. The

regulations may be changed in view of

the comments received. All comments

received before the expiration of the

comment period will be considered

before final action is taken. The receipt

of comments will be acknowledged if a

stamped self-addressed postcard or

envelope is enclosed.

The Captain of the Port San Diego

plans to hold two public meetings in

San Diego, CA on this proposed rule.

The first meeting will be June 1, 1996

at 10 a.m. at the San Diego Marriott and

Marina. The second meeting will be

held at 7 p.m. at Building ‘‘I’’ Coast

Guard Activities San Diego.

Discussion of Proposed Regulations

The Republican National Convention

will be held at the San Diego

Convention Center in San Diego, CA

from August 11 through 15, 1996. The

Secret Service requested that the Coast

Guard establish the proposed security

zone to ensure the security of those

attending the Republican National

Convention by securing the nearby

Marriott Marina and any adjacent

vessels, waterfront facilities, or waters.

Expected attendees at the Convention

may include former U.S. presidents and

their spouses, high ranking U.S.

government officials and the Republican

presidential and vice-presidential

nominees.

The security zone will be in effect

from 8 a.m. PDT on August 11, 1996

until 11 p.m PDT on August 15, 1996.

The security zone will encompass the

entrance to the Marriott Marina, and

includes the following water and land

area: starting at a point along the

waterfront between Marriott Marina

finger piers ‘‘F’’ and ‘‘G’’ at a point

32°42′26′′N, 117°09′56′′W, extending

southwesterly to the south end of North

Embarcadero Park at a point

32°42′20′′N, 117°10′01′′W, continuing

500 feet southwesterly toward channel

buoy ‘‘23’’ at a point 32°42′16′′N,

117°10′07′′W, then southeasterly

following the South Embarcadero Park

shoreline so a point where it intersects

with the easterly side of navigable

channel at 32°42′13′′N, 117°10′02′′W,

proceeding along the channel edge 100

feet past the southernmost point of

South Embarcadero Park to a point

32°42′09′′N, 117°09′50′′, then

northeasterly until it intersects with the

shoreline at a point 32°42′16′′N,

117°09′42′′W, then along shoreline to

the point of beginning.

Pursuant to the Coast Guard’s

authority in 33 U.S.C. 1223; 50 USC

191, and the general regulations

governing security zones in 33 CFR

165.33 and 33 CFR 6.04, no vessel will

be allowed to enter or remain in this

zone unless specifically authorized by

the Captain of the Port (COTP). The

COTP may grant permission for a vessel

to enter or remain within the security

zone if the vessel owner or operator first

consents to a search of the vessel by the

U.S. Secret Service, U.S. Coast Guard, or

other authorities for the purpose of

finding explosives, weapons, or other

articles which may pose a threat to the

Marriott Marina or any adjacent vessels,

waterfront facilities, or waters. The

owner or operator of a vessel entering

the security zone must also provide the

COTP with a list of persons on board

and destination slip number. Vessels

whose owners or operators do not

consent to a search of their vessels or

who refuse to provide any information

requested by the COTP will not be

granted permission to enter or remain

within the security zone. While the

security zone is in effect, no person will

be granted permission by the COTP to

remain on any vessel within the security

zone between the hours of 10 p.m. and

8 a.m.

The COTP may grant permission for a

vessel in the mooring at the Marriott

Marina to remain within the security

zone if the owners or operators consent

to a search of the vessel. If a vessel

leaves its mooring and exits the security

zone, its reentry will be conditioned on

consent to be searched. Additionally,

the owner or operator of the vessel will

be required to provide the COTP with a

list of persons on board the vessel when

transiting the security zone and an

estimated time of return to moorings

within the security zone.

Under the authority granted the COTP

in 33 CFR 6.04–8 to control the

movement of any vessel within the

territorial waters of the United States

under his jurisdiction, vessels within

the security zone will not be allowed to

move on August 15, 1996 from 2 p.m.

to 11 p.m. The COTP will not grant

permission for any vessel to enter the

security zone during that time period.

Additionally, during this time period,