[Federal Register Volume 60, Number 119 (Wednesday, June 21, 1995)]
[Rules and Regulations]
[Pages 32270-32271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15225]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD01-95-025]
RIN 2115-AA97


Safety Zone: Annual ``Fireworks on the Navesink'' Fireworks 
Display, Navesink River, Red Bank, NJ

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a permanent safety zone for 
the annual Independence Day ``Fireworks on the Navesink'' fireworks 
display located on the Navesink River, Red Bank, New Jersey. The safety 
zone is effective annually on the third of July, from 8 p.m. until 11 
p.m., with a rain date on the fourth of July, at the same times, unless 
extended or terminated sooner by the Captain of the Port, New York. The 
safety zone closes all waters between the north and south shores of the 
Navesink River, including Red Bank Beach, extending approximately 300 
yards east and 300 yards west of the fireworks platform anchored off of 
Red Bank, New Jersey.

EFFECTIVE DATE: This rule is effective on July 3, 1995.

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

SUPPLEMENTARY INFORMATION:

Drafting Information

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

Regulatory History

    On April 3, 1995, the Coast Guard published a notice of proposed 
rulemaking (NPRM) in the Federal Register (60 FR 16818) concerning this 
regulatory action. Interested persons were requested to submit comments 
on or before May 18, 1995. No comments were received. A public hearing 
was not requested and one was not held. The Coast Guard is promulgating 
this final rule as proposed.
    Due to the NPRM comment period deemed necessary to give adequate 
public notice, there was insufficient time to publish this final rule 
30 days prior to the event. Good cause exists for making this rule 
effective less than 30 days after publication. Adequate measures are 
being taken to ensure mariners are made aware of this regulation. This 
rule will be locally published in the First Coast Guard District's 
Local Notice to Mariners and announced via Safety Marine Information 
Broadcasts.

Background and Purpose

    For the last several years, the Town of Red Bank, New Jersey, has 
submitted an Application for Approval of Marine Event for a fireworks 
program in the waters of the Navesink River. This regulation 
establishes an annual safety zone in the waters between the north and 
south shores of the Navesink River, including Red Bank Reach, extending 
approximately 300 yards east and 300 yards west of the fireworks 
platform anchored off the Red Bank, New Jersey, at or near 
40 deg.21'20''N latitude, 074 deg.04'10''W longitude (NAD 1983). The 
safety zone is 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 (NAD 1983). The safety zone is in effect 
annually on the third of July, from 8 p.m. until 11 p.m., with a rain 
date on the fourth of July, at the same times, unless extended or 
terminated sooner by the Captain of the Port, New York. This safety 
zone prevents vessels from transiting this portion of the Navesink 
River, from shore to shore, and is needed to protect mariners from the 
hazardous 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 closes a portion 
of the Navesink River, from shore to shore, to vessel traffic annually 
on the third of July, from 8 p.m. until 11 p.m., with a 
[[Page 32271]] rain date on the fourth of July, at the same times, 
unless extended or terminated sooner by the Captain of the Port, New 
York. Although this regulation prevents traffic from transiting this 
area, the effect of this regulation will not be significant for several 
reasons: the limited duration of the event; the late hour of the event; 
the amount of traffic in this area is minimal; the event has been held 
annually for the past several years without incident or complaint; and 
the extensive, advance advisories that will be made. Accordingly, 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 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 given in the Regulatory Evaluation, the Coast Guard 
expects the impact of this regulation to be minimal. 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 this 
regulation and concluded that under section 2.B.2.e. of Commandant 
Instruction M16475.1B, revised 59 FR 38654, July 29, 1994, the 
promulgation of this regulation is categorically excluded from further 
environmental documentation. A Categorical Exclusion Determination and 
Environmental Analysis Checklist are included in the docket. An 
appropriate environmental analysis of the fireworks program under the 
National Environmental Policy Act will be conducted in conjunction with 
the marine event permitting process each year.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Final Regulation

    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. Section 165.161, is added to read as follows:


Sec. 165.161  Safety Zone; Annual ``Fireworks on the Navesink'' 
Fireworks Display, Navesink River, Red Bank, New Jersey.

    (a) Location. All waters between the north and south shores of the 
Navesink River, including Red Bank Reach, extending approximately 300 
yards east and 300 yards east and 300 yards west of the fireworks 
platform anchored off of Red Bank, New Jersey, at or near 
40 deg.21'20''N latitude, 074 deg.04'10''W (NAD 1983). The safety zone 
is bound 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 (NAD 1983).
    (b) Effective period. This section is in effect annually on the 
third of July, from 8 p.m. until 11 p.m., unless extended or terminated 
sooner by the Captain of the Port, New York. If the fireworks display 
is cancelled because of bad weather, this section is in effect on the 
fourth of July, at the same times, unless extended or terminated sooner 
by the Captain of the Port, New York. The effective period will be 
announced annually via Safety Marine Information Broadcasts and locally 
issued notices.
    (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: June 9, 1995.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 95-15225 Filed 6-20-95; 8:45 am]
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