Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations 33671

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 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 rule to be so minimal that

a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary

because of the event’s short duration.

Small Entities

For the reasons stated above, the

Coast Guard finds that the impact on

small entities, if any, is not substantial.

Therefore, the Coast Guard certifies

under section 605(b) of the Regulatory

Flexibility Act (5 U.S.C. § 601 et seq.)

that this temporary rule will not have a

significant economic impact on a

substantial number of small entities.

Collection of Information

This rule contains no information

collection requirements under the

Paperwork Reduction Act (44 U.S.C.

§ 3501 et seq.).

Federalism Assessment

The Coast Guard has analyzed this

action in accordance with the principles

and criteria of Executive Order 12612

and has determined that this rule does

not raise sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

Environmental Assessment

The Coast Guard considered the

environmental impact of this rule and

concluded that under section 2.B.2.C. of

Commandant Instruction M16475.1B,

(as revised by 61 FR 13563; March 27,

1996) this rule is categorically excluded

from further environmental

documentation.

List of Subjects in 33 CFR Part 100

Marine Safety Navigation (water),

Reporting and Recordkeeping

requirements, Waterways.

Temporary Regulations

In consideration of the foregoing, Part

100 of Title 33, Code of Federal

Regulations, is amended as follows:

PART 100—[AMENDED]

1. The authority citation for part 100

continues to read as follows:

Authority: 33 U.S.C. 1233; 49 CFR 1.46 and

33 CFR 100.35

2. A temporary § 100.35 T08–015 is

added to read as follows:

§ 100.35 T08–015 Green River near

Livermore, Kentucky.

(a) Regulated area: Green River mile

70.0–71.5.

(b) Special local regulation: All

persons and/or vessels not registered

with the sponsors as participants or

official patrol vessels are considered

spectators. ‘‘Participants’’ are those

persons and/or vessels identified by the

sponsor as taking part in the event. The

‘‘official patrol’’ consists of any Coast

Guard, public, state or local law

enforcement and/or sponsor provided

vessel assigned to patrol the event. The

Coast Guard ‘‘Patrol Commander’’ is a

Coast Guard commissioned, warrant, or

petty officer who has been designated

by Commanding Officer, Coast Guard

Marine Safety Office Louisville.

(1) No spectators shall anchor, block,

loiter in, or impede the transit of

participants or official patrol vessels in

the regulated area during effective dates

and times, unless cleared for such entry

by or through an official patrol vessel.

(2) When hailed and/or signaled by an

official patrol vessel, a spectator shall

come to an immediate stop. Vessels

shall comply with all directions given;

failure to do so may result in a citation.

(3) The Patrol Commander is

empowered to forbid and control the

movement of all vessels in the regulated

area. The Patrol Commander may

terminate the event at any time it is

deemed necessary for the protection of

life and/or property and can be reached

on VHF–FM Channel 16 by using the

call sign ‘‘PATCOM’’.

(C) Effective Dates. This rule is

effective from 9 a.m. June 28, 1996 to 7

p.m. June 30, 1996.

Dated: June 11, 1996.

R.C. North,

Rear Admiral, U.S. Coast Guard Commander,

Eighth Coast Guard District.

[FR Doc. 96–16598 Filed 6–27–96; 8:45 am]

BILLING CODE 4910–14–M

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.

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°27′40′′

N latitude, 074°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.
33672 Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations

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 § 165.T01–051, is

added to read as follows:

§ 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°27′40′′ N latitude, 074°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

33 CFR Part 165

[CGD01–96–047]

RIN 2115–AA97

Safety Zone: Heritage of Pride

Fireworks Display, Hudson River, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

the Heritage of Pride fireworks display

located on the Hudson River, NY. The

safety zone is in effect from 9:30 p.m.

until 11:30 p.m. on Sunday, June 30,

1996. The safety zone temporarily closes

all waters of the Hudson River within a

300 yard radius of a fireworks barge

anchored approximately 330 yards west

of the Manhattan pierhead line between

Pier 32 and Pier 26.

EFFECTIVE DATE: This rule is effective

from 9:30 p.m. until 11:30 p.m. on

Sunday, June 30, 1996, unless extended

or terminated sooner by the Captain of

the Port, New York.

FOR FURTHER INFORMATION CONTACT:

Lieutenant J. 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 an NPRM

and for making this regulation effective

less than 30 days after Federal Register