[Federal Register Volume 60, Number 58 (Monday, March 27, 1995)]
[Proposed Rules]
[Pages 15736-15737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7369]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD01-95-026]
RIN 2115-AA97


Safety Zone: Brick Founder's Day Fireworks, Metedeconk River, 
Brick, New Jersey

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a safety zone for the 
Brick Founder's Day fireworks display located in the Metedeconk River, 
Brick, New Jersey. The safety zone would be in effect on Saturday June 
3, 1995, from 8 p.m. until 10:30 p.m., unless extended or terminated 
sooner by the Captain of the Port, New York. The proposed safety zone 
would close all waters of the Metedeconk River within a 300 yard radius 
from the center of the fireworks platform located on Windward Beach, 
Brick, New Jersey.

DATES: Comments must be received on or before April 26, 1995.

ADDRESSES: Comments should be mailed to U.S. Coast Guard Group, New 
York, Bldg. 108, Governors Island, New York 10004-5096, or may be 
delivered to the Maritime Planning Staff, Bldg. 108, between 8:00 a.m. 
and 4:00 p.m., Monday through Friday, except Federal holidays. Any 
person wishing to visit the office must contact the Maritime Planning 
Staff at (212) 668-7934 to obtain advance clearance due to the fact 
that Governors Island is a military installation with limited access.

FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) K. Messenger, Maritime Planning Staff Chief, 
Coast Guard Group New York (212) 668-7934.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. A 30 
day comment period is deemed to be sufficiently reasonable notice to 
all interested persons. Since this proposed rulemaking is neither 
complex nor technical, a longer comment period is deemed to be 
unnecessary and contrary to the public interest. Any delay in 
publishing a final rule would effectively cancel this event. 
Cancellation of this event would be contrary to public interest.
    Persons submitting comments should include their names and 
addresses, identify this notice (CGD01-95-026) and the specific section 
of the proposal to which their comments apply, and give reasons for 
each comment. Persons wanting acknowledgment of receipt of comments 
should enclose a stamped, self-addressed postcard or envelope.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments. 
The Coat Guard plans no public hearing; however, persons may request a 
public hearing by writing to the Maritime Planning Staff at the address 
under ADDRESSES. If it is determined that the opportunity for oral 
presentations will aid this rulemaking, the Coast Guard will hold a 
public hearing at a time and place announced by a later notice in the 
Federal Register.

Drafting Information

    The drafters of this notice are LTJG K. Messenger, Project Manager, 
Coast Guard Group New York and LCDR J. Stieb, Project Attorney, First 
Coast Guard District, Legal Office.

Background and Purpose

    On February 23, 1995, the Brick Township Chamber of Commerce 
submitted an Application for Approval of Marine Event for a fireworks 
program on Windward Beach in the Metedeconk River. This regulation 
would establish a safety zone in the waters of the Metedeconk River on 
June 3, 1995, from 8 p.m. until 10:30 p.m., unless extended or 
terminated sooner by the Captain of the Port New York. This safety zone 
would preclude all vessels from transiting the Metedeconk River within 
a 300 yard radius of the fireworks platform located on a pier in the 
approximate position 40 deg.03'25''N latitude 074 deg.06'47''W 
longitude at Windward Beach, Brick, New Jersey. It is needed to protect 
mariners from the hazards associated with fireworks exploding in the 
area.
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). The Coast Guard expects the economic impact of this 
proposal 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 would close a portion of the Metedeconk 
River to all vessel traffic on June 3, 1995, from 8 p.m. until 10:30 
p.m., unless extended or terminated sooner by the Captain of the Port 
New York. Although this regulation would prevent traffic from 
transiting this area, the effect of this regulation would not be 
significant for several reasons. Due to the limited duration of the 
event; the late hour of the event; that mariners can transit to the 
south of this area; and the extensive, advance advisories that will be 
made, the Coast Guard expects the economic impact of this regulation to 
be so minimal that a Regulatory Evaluation is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal 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 expects the impact of this proposal to be minimal. 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.

Collection of Information

    This proposal contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501). [[Page 15737]] 

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 proposal does not raise sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard has considered the environmental impact of this 
proposal and concluded that under section 2.B.2.e. of Commandant 
Instruction M16475.1B, it 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.

Proposed Regulations

    For reasons set out in the preamble, the Coast Guard proposes to 
amend 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.T01-026, is added to read as follows:


Sec. 165.T01-026  Safety Zone; Brick Founder's Day Fireworks, 
Metedeconk River, Brick, New Jersey.

    (a) Location. All waters of the Metedeconk River within a 300 yard 
radius of the fireworks platform located on a pier in the approximate 
position 40 deg.03'25'' N latitude 074 deg.06'47'' W longitude at 
Windward Beach, Brick, New Jersey.
    (b) Effective period. This safety zone is in effect on June 3, 
1995, from 8 p.m. until 10:30 p.m., unless extended or terminated 
sooner by the Captain of the Port New York.
    (c) Regulations.
    (1) The general regulations contained in 33 CFR 165.23 apply.
    (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: March 17, 1995.
J. Rutkovsky,
Commander, U.S. Coast Guard, Captain of the Port, New York, Acting.
[FR Doc. 95-7369 Filed 3-24-95; 8:45 am]
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