[Federal Register Volume 67, Number 99 (Wednesday, May 22, 2002)]
[Rules and Regulations]
[Pages 35907-35909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12800]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-02-059]
RIN 2115-AA97


Safety Zone; Sandy Hook Bay, Highlands, 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 Clamfest fireworks display located on Sandy Hook Bay, NJ. This 
action is necessary to provide for the safety of life on navigable 
waters during the event. This action is intended to restrict vessel 
traffic in the affected waterway.

DATES: This rule is effective from 8:30 p.m. on Friday, June 14, to 10 
p.m. on Saturday, June 15, 2002.

ADDRESSES: The Waterways Oversight Branch of Coast Guard Activities New 
York maintains the public docket for this rulemaking. Documents 
indicated in this preamble as being available in the docket, are part 
of docket CGD01-02-059 and are available for inspection or copying at 
Waterways Oversight Branch, Coast Guard Activities New York, 212 Coast 
Guard Drive, room 204, Staten Island, New York 10305, between 8 a.m. 
and 3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander M. Day, Waterways 
Oversight Branch, Coast Guard Activities New York at (718) 354-4012.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
rule. Under 5 U.S.C. 553(b)(3), the Coast Guard finds that good cause 
exists for not publishing an NPRM. Due to the date the Application for 
Approval of Marine Event was received, there was insufficient time to 
draft and publish an NPRM. An annual safety zone has been published for 
this event in 33 CFR 165.161 effective on the Saturday and Sunday 
before Father's Day. The date for this year's event has been moved to 
the Friday before Father's Day. Further, it is an annual local event, 
recreational vessels may still transit around the zone during the 
event, the zone is only in effect for 1 and a half hours, and vessels 
can be given permission to transit the zone for all but about 25 
minutes during this time. Any delay encountered in this rule's 
effective date would be unnecessary and contrary to public interest 
since immediate action is needed to close the waterway and protect the 
maritime public from the hazards associated with fireworks launched 
from a barge in the area.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Due to the date the Application 
for Approval of Marine Event was received, there was insufficient time 
to draft and publish a temporary final rule (TFR) more than 30 days 
before the event. An annual safety zone has been published for this 
event in 33 CFR 165.161 effective on the Saturday and Sunday before 
Father's Day. The date for this year's event has been moved to the 
Friday before Father's Day. Further, it is an annual local event, 
recreational vessels may still transit around the zone during the 
event, the zone is only in effect for 1\1/2\ hours, and vessels can be 
given permission to transit the zone for all but about 25 minutes 
during this time. Any delay encountered in this rule's effective date 
would be unnecessary and 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

    The Coast Guard has received an application to hold a fireworks 
program on the waters of Sandy Hook Bay. This rule establishes a safety 
zone in all waters of Sandy Hook Bay within a 125-yard radius of the 
fireworks barge in approximate position 40x24'33.8'' N 073x59'46.2'' W 
(NAD 1983), about 1,200 yards west of Plum Island. The safety zone is 
in effect from 8:30 p.m. until 10 p.m. on Friday, June 14, 2002.

Discussion of Rule

    This rule 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. Recreational traffic will 
still be able to transit around the safety zone during this event. 
Other vessels can be given permission to transit the zone for all but 
about 25 minutes during this time. Public notifications will be made 
prior to the event via the Local Notice to Mariners and Marine 
Information Broadcasts.
    The size of this safety zone was determined using National Fire 
Protection Association and New York City Fire Department standards for 
5 inch mortars fired from a barge, combined with the Coast Guard's 
knowledge of tide and current conditions in the area.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. It is not ``significant'' under the 
regulatory policies and procedures of

[[Page 35908]]

the Department of Transportation (DOT) (44 FR 11040, February 26, 
1979).
    We expect 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 zone. Further, it is an annual local event, 
recreational vessels may still transit around the zone during the 
event, the zone is only in effect for 1\1/2\ hours, and vessels can be 
given permission to transit the zone for all but about 25 minutes 
during this time. Advance notifications will be made to the local 
maritime community by the Local Notice to Mariners and marine 
information broadcasts.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises 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.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule will not have a significant economic impact on a substantial 
number of small entities.
    This rule will affect the following entities, some of which might 
be small entities: the owners or operators of vessels intending to 
transit or anchor in a portion of Sandy Hook Bay during the times this 
zone is activated.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: it is 
an annual local event, recreational vessels may still transit around 
the zone during the event, the zone is only in effect for 1 and a half 
hours, and vessels can be given permission to transit the zone for all 
but about 25 minutes during this time. We will ensure wide 
dissemination of maritime advisories to users of Sandy Hook Bay via 
Local Notice to Mariners and marine information broadcasts.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process.

Collection of Information

    This rule would call for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct cost of compliance on them. 
We have analyzed this rule under that Order and have determined that it 
does not have implications for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that Order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have considered the environmental impact of this rule and 
concluded that, under figure 2-1, paragraph 34(g), of Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation. This rule fits paragraph 34(g) as it 
establishes a safety zone. A ``Categorical Exclusion Determination'' is 
available in the docket for inspection or copying where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 165

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


    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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.


    2. From 8:30 p.m. June 14, 2002, to 10 p.m. June 15, 2002, add 
temporary  165.T01-059 to read as follows:


 165.T01-059  Safety Zone; Sandy Hook Bay, Highlands, NJ.

    (a) Regulated Area. The following area is a safety zone: All waters 
of Sandy Hook Bay within a 125-yard radius of the fireworks barge in 
approximate position 40x24'33.8'' N 073x59'46.2'' W, (NAD 1983) 
approximately 1,200 yards west of Plum Island.
    (b) Enforcement period. This section will be enforced from 8:30 
p.m. to 10 p.m. on Friday, June 14, and Saturday, June 15, 2002.

[[Page 35909]]

    (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.

    Dated: May 14, 2002.
C.E. Bone,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 02-12800 Filed 5-21-02; 8:45 am]
BILLING CODE 4910-15-P