[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