[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]
BILLING CODE 4910-14-M