[Federal Register Volume 60, Number 168 (Wednesday, August 30, 1995)]
[Rules and Regulations]
[Pages 45047-45048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21561]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD01-95-129]
RIN 2115-AA97


Safety Zone: Brick Summerfest Fireworks, Metedeconk River, Brick, 
NJ

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on 
August 31, 1995, from 8 p.m. until 10 p.m., for the Brick Summerfest 
fireworks display located in the Metedeconk River, Brick, New Jersey. 
This safety zone closes 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.

EFFECTIVE DATE: This rule is effective August 31, 1995, from 8 p.m. 
until 10 p.m., unless extended or terminated sooner by the Coast Guard 
Captain of the Port, New York.

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 CDR J. Stieb, 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. Good cause exists for not 
publishing an NPRM, and for making this regulation 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. The delay encountered if normal 
rulemaking procedures were followed would effectively cancel this 
event. Cancellation of this event is contrary to the public interest. 
Adequate measures are being taken to ensure mariners are made aware of 
this regulation. Notification of this rule will be published in the 
First Coast Guard District's Local Notice to Mariners, and announced 
via Safety Marine Information Broadcasts.

Background and Purpose

    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 establishes a temporary safety 
zone in the waters of the Metedeconk River on August 31, 1995, from 8 
p.m. until 10 p.m., unless extended or terminated sooner by the Coast 
Guard Captain of the Port New York. This safety zone prevents vessels 
from transiting a portion of the Metedeconk River within a 300 yard 
radius of the fireworks platform located on the ``T dock'' pier, on 
Windward Beach, Brick, New Jersey, in the approximate position 
40 deg.03'25'' N latitude, 074 deg.06'47'' W longitude (NAD 1983). It 
is needed to protect mariners 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 closes a portion 
of the Metedeconk River, off of Windward Beach, to vessel traffic on 
August 31, 1995, from 8 p.m. until 10 p.m., unless extended or 
termination sooner by the Captain of the Port, New York. No commercial 
vessels are known to transit this river. Although this regulation 
prevents vessel traffic from transiting through the portion of the 
Metedeconk River affected by the safety zone, the effect of this 
regulation will not be significant for several reasons: The duration of 
the event is limited; the event is at a late hour; mariners can transit 
past the safety zone to the south of the affected area; 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 

[[Page 45048]]
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. Under the 
National Environmental Policy Act, the approval of the permit for 
marine event for this event is a federal action which is categorically 
excluded in accordance with section 2.B.2.e(35)(h) of Commandant 
Instruction M16475.1B, as amended, July 29, 1994. This fireworks 
display lasts less than 30 minutes and is expected to involve less than 
200 spectator craft.

List of Subjects in 33 CFR Part 165

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

Temporary 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. A temporary Sec. 165.T01-129 is added to read as follows:


Sec. 165.T01-129  Safety Zone; Brick Summerfest 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 the ``T dock'' pier, on 
Windward Beach, Brick, New Jersey, in the approximate position 
40 deg.03'25'' N latitude, 074 deg.06'47'' W longitude (NAD 1983).
    (b) Effective period. This section is in effect on August 31, 1995, 
from 8 p.m. until 10 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 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: August 19, 1995.
J. Rutkovsky,
Commander, U.S. Coast Guard, Captain of the Port New York, Acting.
[FR Doc. 95-21561 Filed 8-29-95; 8:45 am]
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