[Federal Register Volume 59, Number 121 (Friday, June 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15395]
[[Page Unknown]]
[Federal Register: June 24, 1994]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD01-94-059]
RIN 2115-AA97
Safety Zone; Fireworks on the Navesink '94, Navesink River, Red
Bank, NJ
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the Fireworks on the Navesink '94 program that will take place in the
Navesink River. This event will occur on July 3, 1994, from 8 p.m.
until 11 p.m. with a rain date of July 4, 1994 from 8 p.m. until 11
p.m. and will temporarily close all waters between the north and south
shores of the Navesink River, extending approximately 300 yards east
and 300 yards west of two fireworks barges anchored together off of Red
Bank, NJ. This safety zone will preclude vessels from transiting the
Navesink River and is needed to protect the boating public from the
hazards associated with fireworks exploding in the area.
EFFECTIVE DATES: This rule is effective from 8 p.m. until 11 p.m. on
July 3, 1994 with a rain date from 8 p.m. until 11 p.m. on July 4, 1994
unless terminated sooner by the Captain of the Port, NY.
FOR FURTHER INFORMATION CONTACT:
LT R. Trabocchi, Project Manager, Captain of the Port, NY (212) 668-
7933.
SUPPLEMENTARY INFORMATION:
Drafting Information
The drafters of this notice are LT R. Trabocchi, Project Manager,
Captain of the Port, New York and CDR J. Astley, Project Attorney,
First Coast Guard District, Legal Office.
Regulatory History
Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM)
was not published for this regulation and good cause exists for not
publishing an NPRM as well as making it effective less than 30 days
after Federal Register publication. Due to the date this application
was received, there was insufficient time to draft and publish a notice
of proposed rulemaking that allows for a reasonable comment period
prior to the event. There was also insufficient time for publication of
this temporary final rule 30 days prior to the event. The delay
encountered if normal rulemaking procedures were followed would
effectively cancel this event. Cancellation of this event is contrary
to public interest.
Background and Purpose
The Red Bank Fireworks Committee submitted an application to hold a
fireworks program in the Navesink River, Red Bank, NJ. This regulation
establishes a temporary safety zone in the waters of the Navesink
River, and will temporarily close all waters between the north and
south shores of the Navesink River (including the Red Bank Reach),
extending approximately 300 yards east and 300 yards west of two
fireworks barges anchored together off of Red Bank, NJ, at or near
40 deg.21'20'' N latitude, 074 deg.04'10'' W longitude. This safety
zone will preclude vessels from transiting the Navesink River and Red
Bank Reach in the Navesink River during the effective time of this
regulation, and is needed to protect boaters from the hazards
associated with fireworks exploding in the area.
Regulatory Evaluation
This regulation 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). The Coast Guard expects the
economic impact of this regulation to be so minimal that a full
Regulatory Evaluation under paragraph 10(e) of the regulatory policies
and procedures of DOT is unnecessary. This safety zone will close a
portion of the Navesink River that will preclude the transit of vessel
traffic between 8 p.m. and 11 p.m. on July 3, 1994, with a rain date of
July 4, 1994 at the same time, unless terminated sooner by the Captain
of the Port, NY. Although this regulation will prevent traffic from
transiting this area, the effect of this regulation will not be
significant for several reasons. This has been an annual event and
mariners are accustomed to this temporary closure of the Navesink
River. Due to the fact that the event is limited in duration, that the
event is at a late hour, and that extensive, advance advisories will be
made to the maritime community to allow mariners to adjust their
schedules to transit the area before or after the event, the impact of
this regulation is expected to be minimal.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this regulation will have a
significant economic impact on a substantial number of small entities.
``Small entities'' include independently owned and operated small
businesses that are not dominant in their field and that otherwise
qualify as ``small business concerns'' under Section 3 of the Small
Business Act (15 U.S.C. 632).
For reasons set forth in the above Regulatory Evaluation, the Coast
Guard certifies under 5 U.S.C. 605(b) that this regulation will not
have a significant economic impact on a substantial number of small
entities.
Collection of Information
This regulation contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501).
Federalism
The Coast Guard has analyzed this action in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this regulation does not raise sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impact of these
regulations and concluded that under section 2.B.2.c. of Commandant
Instruction M16475.1B, it is an action under the Coast Guard's
statutory authority to promote maritime safety and protect the
environment, and thus is categorically excluded from further
environmental documentation. A Categorical Exclusion Determination is
included in the docket.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Regulations
For reasons set out in the preamble, the Coast Guard amends 33 CFR
Part 165 as follows:
PART 165--[AMENDED]
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.
2. A temporary Sec. 165.T01-059, is added to read as follows:
Sec. 165.T01-059 Fireworks on the Navesink '94, Navesink River, Red
Bank, New Jersey.
(a) Location. All waters between the north and south shores of the
Navesink River (including the Red Bank Reach), extending approximately
300 yards east and 300 yards west of two fireworks barges anchored
together off of Red Bank, New Jersey, at or near 40 deg.21'20'' N
latitude, 074 deg.04'10'' W; also defined as an area bounded by the
following points: 40 deg.21'15'' N latitude, 074 deg.03'57'' W
longitude; to 40 deg.21'43'' N latitude, 074 deg.03'57'' W longitude;
and 40 deg.21'20'' N latitude, 074 deg.04'25'' W longitude; to
40 deg.21'30'' N latitude, 074 deg.04'25'' W longitude.
(b) Effective period. This section is effective from 8 p.m. until
11 p.m. on July 3, 1994, with a rain date of 8 p.m. until 11 p.m. on
July 4, 1994, unless terminated sooner by the Captain of the Port, New
York.
(c) Regulations.
(1) The general regulations contained in 33 CFR 165.23 apply to
this safety zone.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on scene patrol
personnel. U.S. Coast Guard patrol personnel include commissioned,
warrant, and petty officers of the Coast Guard. Upon being hailed by a
U.S. Coast Guard vessel via siren, radio, flashing light, or other
means, the operator of a vessel shall proceed as directed.
Dated: June 13, 1994.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 94-15395 Filed 6-23-94; 8:45 am]
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