[Federal Register Volume 60, Number 89 (Tuesday, May 9, 1995)]
[Rules and Regulations]
[Pages 24558-24559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11300]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD01-95-026]
RIN 2115-AA97
Safety Zone: Brick Founder's Day Fireworks, Metedeconk River,
Brick, NJ
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on
June 3, 1995, for the Brick Founder's Day 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 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.
FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) K. Messenger, Maritime Planning Staff Chief,
Coast Guard Group, New York, (212) 668-7934. [[Page 24559]]
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 March 27, 1995, the Coast Guard published a notice of proposed
rulemaking (NPRM) in the Federal Register (60 FR 15736) concerning this
regulatory action. Interested persons were requested to submit comments
on or before April 26, 1995. No comments were received. A public
hearing was not requested and one was not held. The Coast Guard is
promulgating this temporary final rule as proposed. Good cause exists
for making this regulation effective less than 30 days after Federal
Register publication. Due to the NPRM comment period deemed necessary
to give the public adequate notice, there was insufficient time to
publish this temporary final rule 30 days prior to the event. The delay
that would be encountered to allow for a 30 day publication period
would cause the cancellation of this event. Cancellation of this event
is contrary to the public interest.
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
establishes a temporary 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 Coast Guard Captain of the Port, New York.
This safety zone precludes all vessels from transiting a portion of the
Metedenock 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 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 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 prevents
traffic from transiting this area, the effect of this regulation will
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 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 under the National
Environmental Policy Act will be conducted in conjunction with the
marine event permitting process.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Vessels, Waterways.
Final Regulation
For reasons set up 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 section, 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 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: April 28, 1995.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 95-11300 Filed 5-8-95; 8:45 am]
BILLING CODE 4910-14-M
