[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]
BILLING CODE 4910-14-M
