[Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
[Rules and Regulations]
[Pages 33671-33672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16599]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD01-96-051]
RIN 2115-AA97
Safety Zone: 100th Anniversary of Fort Hancock Fireworks Display,
Sandy Hook Bay, 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 ``100th Anniversary of Fort Hancock'' fireworks display located in
Sandy Hook Bay, New Jersey. The safety zone is in effect from 9 p.m.
until 10:45 p.m. on Saturday June 29, 1996, with a rain date of Sunday
June 30, 1996, at the same times. The safety zone temporarily closes
all waters of Sandy Hook Bay within a 330 yard radius of a fireworks
barge anchored approximately 700 yards west of Sandy Hook Lighthouse.
EFFECTIVE DATE: This rule is effective from 9 p.m. until 10:45 p.m. on
Saturday June 29, 1996. In case of inclement weather, this rule is
effective on Sunday June 30, 1996, at the same times, unless extended
or terminated sooner by the Captain of the Port, New York.
FOR FURTHER INFORMATION CONTACT:
Lietenant John W. Green, Waterways Oversight Branch, Coast Guard
Activities New York, at (212) 668-7906.
SUPPLEMENTARY INFORMATION:
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 a NPRM and for making this regulation effective less than 30
days after Federal Register publication. Due to the date on which
complete information regarding this event was received, there was
insufficient time to draft and publish a NPRM. Any delay encountered in
this regulation's effective date would be contrary to public interest
since immediate action is needed to protect the maritime public from
the hazards associated with fireworks exploding from a barge in the
waters of Sandy Hook Bay, New Jersey.
Background and Purpose
Fireworks By Grucci, Inc., submitted an Application for Approval of
Marine Event to hold a fireworks display on the waters of Sandy Hook
Bay. The fireworks program is being sponsored by the Sandy Hook
Foundation. This regulation establishes a temporary safety zone in all
waters of Sandy Hook Bay within a 330 yard radius of the fireworks
barge anchored approximately 700 yards west of Sandy Hook Lighthouse at
approximately 40 deg.27'40'' N latitude, 074 deg.00'36'' W longitude
(NAD 1983). The safety zone is in effect from 9 p.m. until 10:45 p.m.
on June 29, 1996, with a rain date of June 30, 1996, at the same times,
unless extended or terminated sooner by the Captain of the Port, New
York. The safety zone prevents vessels from transiting this portion of
Sandy Hook Bay, adjacent to the western shoreline of Sandy Hook, in the
vicinity of Sandy Hook Lighthouse, and is needed to protect mariners
from the hazards associated with fireworks exploding in the area.
[[Page 33672]]
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 regulation closes a portion
of Sandy Hook Bay approximately 700 yards west of Sandy Hook
Lighthouse, New Jersey, to vessel traffic from 9 p.m. until 10:45 p.m.
on Saturday, June 29, 1996, with a rain date of Sunday, June 30, 1996,
at the same times, unless extended or terminated sooner by the Captain
of the Port, New York. This section of Sandy Hook Bay is mainly used by
recreational vessels and a limited number of commercial fishing
vessels. Although the regulation prevents traffic from transiting this
area, the effect of the regulation will not be significant for several
reasons: the duration of the event is limited; the event is at a late
hour; the zone is not located within a marked channel; vessel traffic
may safely pass to the west of this area; and the extensive, advance
advisories which 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'' may include (1) small businesses and not-for-profit
organizations that are not independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000.
For reasons set forth in the Regulatory Evaluation, 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.
Therefore, the Coast Guard finds that this rule will not have a
significant economic impact on a substantial number of small entities.
If, however, you think that your business or organization qualifies as
a small entity and that this rule will have significant economic impact
on your business or organization, please submit a comment explaining
why you think it qualifies and in what way and to what degree this rule
will economically affect it.
Collection of Information
This regulation contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
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 have 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. (34)(g) of
Commandant Instruction M16475.1B (as revised by 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.
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. A temporary Sec. 165.T01-051, is added to read as follows:
Sec. 165.T01-051 Safety Zone: 100th Anniversary of Fort Hancock
Fireworks Display, Sandy Hook Bay, New Jersey.
(a) Location. The waters of Sandy Hook Bay within a 330 yard radius
of the fireworks barge anchored approximately 700 yards west of Sandy
Hook Lighthouse at approximately 40 deg.27'40'' N latitude,
074 deg.00'36'' W longitude (NAD 1983).
(b) Effective period. This section is effective from 9 p.m. until
10:45 p.m. on June 29, 1996. In case of inclement weather, this section
is effective on June 30, 1996, at the same times, unless extended or
terminated sooner by the Captain of the Port, New York.
(c) Regulations. (1) The general regulations contained in 33 C.F.R.
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 18, 1996.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 96-16599 Filed 6-27-96; 8:45 am]
BILLING CODE 4910-14-M
