[Federal Register Volume 64, Number 115 (Wednesday, June 16, 1999)]
[Rules and Regulations]
[Pages 32183-32184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15299]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-99-071]
RIN 2115-AA97


Safety Zone: Clamfest Fireworks, Sandy Hook Bay, Atlantic 
Highlands, New Jersey

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the Clamfest Fireworks Display located at Seastreak America's docks in 
Sandy Hook Bay, Atlantic Highlands, NJ. This zone is necessary to 
provide for the safety of life on navigable waters during the event. It 
is intended to restrict vessel traffic in a portion of Sandy Hook Bay.

DATES: This temporary final rule is effective from 8:30 p.m. until 10 
p.m., on Saturday, June 19, 1999. There is no rain date for this event.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at Coast Guard Activities New York, 212 Coast 
Guard Drive, Room 205, Staten Island, New York 10305, between 8 a.m. 
and 3 p.m., Monday through Friday, except Federal holidays. The 
telephone number is (718) 354-4193.

FOR FURTHER INFORMATION CONTACT: Lieutenant J. Lopez, Waterways 
Oversight Branch, Coast Guard Activities New York, (718) 354-4193.

SUPPLEMENTARY INFORMATION:

Regulatory History

    Pursuant to 5 U.S.C. 553, no notice of proposed rulemaking (NPRM) 
was published for this temporary final rule. Good cause exists for not 
publishing an NPRM and for making this rule effective less than 30 days 
after Federal Register publication. Because of the date the Application 
for Approval for Marine Event was received, there was insufficient time 
to draft and publish an NPRM and publish this rule 30 days before its 
effective date. Any delay encountered in this rule's effective date 
would be contrary to public interest since immediate action is needed 
to close the waterway and protect the maritime public from the hazards 
associated with this fireworks display.

Background and Purpose

    On May 14, 1999, Serpico International Fireworks, Co., Inc., 
applied to hold a fireworks program on the waters of Sandy Hook Bay 
from a barge moored at the end of Seastreak America's docks, Atlantic 
Highlands, NJ. The fireworks program is being sponsored by the 
Highlands Chamber of Commerce. This temporary final rule establishes a 
safety zone in all waters of Sandy Hook Bay within a 150-yard radius of 
the fireworks barge in approximate position 40 deg.25'12''N 
074 deg.02'04''W (NAD 1983), which is moored at the end of the 
Seastreak America's Dock, Atlantic Highlands, NJ. The safety zone is in 
effect from 8:30 p.m. until 10 p.m. on Saturday, June 19, 1999. There 
is no rain date for this event. The safety zone prevents vessels from 
transiting a portion of Sandy Hook Bay and is needed to protect boaters 
from the hazards associated with fireworks launched from a barge in the 
area. Marine traffic will still be able to transit through northern 
Sandy Hook Bay during the event. The Captain of the Port does not 
anticipate any negative impact on vessel traffic due to this event. 
Additionally, vessels are not precluded from mooring at or getting 
under way from piers in Atlantic Highlands, New Jersey. Public 
notifications will be made before the event by Local Notice to Mariners 
and marine information broadcasts.

Regulatory Evaluation

    This temporary final rule 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 not been reviewed 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 rule to be so minimal that a full Regulatory Evaluation 
under paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary. This finding is based on the minimal time that vessels 
will be restricted from the area; on vessels' not being precluded from 
getting under way from, or mooring at piers in Atlantic Highlands, New 
Jersey; on vessels' still being able to transit through Sandy Hook Bay 
during the event; and on advance notifications' being made.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this temporary final rule will have a 
significant economic impact on a substantial number of small entities. 
``Small entities'' include small businesses, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000.
    For reasons discussed in the Regulatory Evaluation above, the Coast 
Guard certifies under section 605(b) of the Regulatory Flexibility Act 
(5 U.S.C. 601 et seq.) that this rule will not have a significant 
economic impact on a substantial number of small entities.

Collection of Information

    This temporary final rule does not provide for a collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

Federalism

    The Coast Guard has analyzed this temporary final rule under the 
principles and criteria contained in Executive Order 12612 and has 
determined that this rule does not have sufficient implications for 
federalism to warrant the preparation of a Federalism Assessment.

Unfunded Mandates

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) [Pub. 
L. 104-4, 109 Stat. 48] requires Federal agencies to assess the effects 
of certain

[[Page 32184]]

regulatory actions on State, local, and tribal governments, and the 
private sector. UMRA requires a written statement of economic and 
regulatory alternatives for rules that contain Federal mandates. A 
Federal mandate is a new or additional enforceable duty imposed on any 
State, local, or tribal government, or the private sector. If any 
Federal mandate causes those entities to spend, in the aggregate, $100 
million or more in any one year, the UMRA analysis is required. This 
temporary final rule does not impose Federal mandates on any State, 
local, or tribal governments, or the private sector.

Environment

    The Coast Guard considered the environmental impact of this 
temporary final rule and concluded that under figure 2-1, paragraph 
34(g), of Commandant Instruction M16475.1C, this rule is categorically 
excluded from further environmental documentation. A ``Categorical 
Exclusion Determination'' is available in the docket for inspection or 
copying where indicated under ADDRESSES.

Other Executive Orders on the Regulatory Process

    In addition to the statutes and Executive Orders already addressed 
in this preamble, the Coast Guard considered the following executive 
orders in developing this temporary final rule and reached the 
following conclusions:
    E.O. 12630, Governmental Actions and Interference with 
Constitutionally Protected Property Rights. This rule will not effect a 
taking of private property or otherwise have taking implications under 
this Order.
    E.O. 12875, Enhancing the Intergovernmental Partnership. This rule 
will not impose, on any State, local, or tribal government, a mandate 
that is not required by statute and that is not funded by the Federal 
government.
    E.O. 12988, Civil Justice Reform. This rule meets applicable 
standards in sections 3(a) and 3(b)(2) of this Order to minimize 
litigation, eliminate ambiguity, and reduce burden.
    E.O. 13045, Protection of Children from Environmental Health Risks 
and Safety Risks. This rule is not an economically significant rule and 
does not concern an environmental risk to safety disproportionately 
affecting children.

List of Subjects in 33 CFR Part 165

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

Regulation

    For the reasons discussed 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, 160.5; 49 CFR 1.46. Section 165.100 is also issued 
under authority of Sec. 311, Pub. L. 105-383.

    2. Add temporary Sec. 165.T01-071 to read as follows:


Sec. 165.T01-071  Safety Zone: Clamfest Fireworks, Sandy Hook Bay, 
Atlantic Highlands, New jersey.

    (a) Location. The following area is a safety zone: All waters of 
Sandy Hook Bay within a 150-yard radius of the fireworks barge in 
approximate position 40 deg.25'12'' N 074 deg.02'04'' W (NAD 1983), 
which is moored at the end of Seastreak America's dock, Sandy Hook Bay, 
Atlantic Highlands, New Jersey.
    (b) Effective period. This section is effective from 8:30 p.m. 
until 10 p.m. on Saturday, June 19, 1999. There is no rain date for 
this event.
    (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. These personnel comprise commissioned, warrant, and petty 
officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard 
vessel by siren, radio, flashing light, or other means, the operator of 
a vessel shall proceed as directed.
R.E. Bennis,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 99-15299 Filed 6-15-99; 8:45 am]
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