[Federal Register Volume 64, Number 36 (Wednesday, February 24, 1999)]
[Proposed Rules]
[Pages 9107-9110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4590]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-98-170]
RIN 2121-AA97
Safety Zone: Port of New York/New Jersey Fleet Week
AGENCY: Coast Guard, DOT.
ACTION: Notice of Proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish five safety zones in New
York Harbor's Upper Bay and the Hudson River that will be activated
annually for the Fleet Week Parade of Ships, for Air and Sea
demonstrations, and for the arrival or departure of the participating
U.S. Navy Aircraft or Helicopter Carrier. This action is necessary to
provide for the safety of life on navigable waters during the event.
This action is intended to restrict vessel traffic on a portion of New
York Harbor's Upper Bay and the Hudson River.
DATES: Comments must be received on or before April 26, 1999.
[[Page 9108]]
ADDRESSES: Comments may be mailed to the Waterways Oversight Branch
(CGD01-98-170), Coast Guard Activities New York, 212 Coast Guard Drive,
Staten Island, New York 10305, or delivered to room 205 at the same
address between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays.
The Waterways Oversight Branch of Coast Guard Activities New York
maintains the public docket for this rulemaking. Comments and documents
as indicated in this preamble, will become part of this docket and will
be available for inspection or copying at room 205, Coast Guard
Activities New York, between 8 a.m. and 3 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant J. Lopez, Waterways
Oversight Branch, Coast Guard Activities New York (718) 354-4193.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking (CGD01-98-170) and the specific section of
this document to which each comment applies, and give the reason for
each comment. Please submit two copies of all comments and attachments
in an unbound format, on larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. Persons wanting acknowledgment of
receipt of comments should enclose stamped, self-addressed postcards or
envelopes.
The Coast Guard will consider all comments received during the
comment period. It may change this proposed rule in view of the
comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the Waterways Oversight Branch at the
address under ADDRESSES. The request should include the reasons why a
hearing would be beneficial. If it determines that the opportunity for
oral presentations will aid this rulemaking, the Coast Guard will hold
a public hearing at a time and place announced by a later notice in the
Federal Register.
Background and Purpose
The Intrepid Sea, Air and Space Museum, Manhattan, NY, sponsors the
annual Fleet Week Parade of Ships, as well as associated Sea and Air
demonstrations. These events take place annually from the Wednesday
before Memorial Day to the Wednesday following Memorial Day on the
waters of New York Harbor's Upper Bay and the Hudson River. The Coast
Guard expects no more than 500 spectator craft for these events.
Parade of Ships
The Coast Guard proposes to establish three safety zones for the
actual parade of ships on the Wednesday before Memorial Day. The first
proposed zone is a moving safety zone for the Parade of Ships to
include all waters 500 yards ahead and astern, and 200 yards on each
side of the designed column of parade vessels as the column transits
the Port of New York and New Jersey from the Verranzano Narrows Bridge
to Riverside State Park on the Hudson River between West 137th and West
144th Streets, Manhattan.
The second zone established for the parade of ships expands from
the column of parade vessels east to the Manhattan shoreline between
Piers 84 and 90. This expansion gives the public an unobstructed view
of the parade of ships from the pierside reviewing stand.
The third zone activates as each vessel leaves the parade of ships
and proceeds to its berthing area. The moving safety zone will expand
to include all waters within a 200-yard radius of each vessel until it
is safely berthed.
These three safety zones are effective annually from 8 a.m. until 5
p.m. on the Wednesday before Memorial Day. They are needed to protect
the maritime public from possible hazards to navigation associated with
a parade of naval vessels transiting the waters of New York Harbor and
the Hudson River in close proximity. These vessels have limited
maneuverability and require a clear traffic lane to safely navigate.
Air and Sea Demonstration
The Coast Guard also proposes to establish a safety zone for the
Fleet Week Sea and Air demonstrations held on and over the Hudson River
between Piers 83 and 90. This proposed safety zone includes all waters
of the Hudson River bound by the following points: from the southeast
corner of Pier 90, Manhattan, where it intersects the seawall, west to
approximate position 40 deg.46'10''N 074 deg.00'13''W (NAD 1983), south
to approximate position 40 deg.45'54''N 074 deg.00'25''W (NAD 1983),
then east to the northeast corner of Pier 83 where it intersects the
seawall. This safety zone is effective annually from 10 a.m. until 5
p.m., Friday through Monday, Memorial Day weekend. It is needed to
protect boaters and demonstration participants from the hazards
associated with military personnel demonstrating the capabilities of
aircraft and watercraft in a confined area of the Hudson River. This
safety zone prevents vessels from transiting only a portion of the
Hudson River. Marine traffic will still be able to transit through the
western 600 yards of the 950-yard-wide Hudson River during the Sea and
Air demonstrations. Vessels moored at piers within the safety zone,
however, will not be allowed to transit from their moorings without
permission from the Captain of the Port, New York, during the effective
periods of the safety zone. The Captain of the Port does not anticipate
any negative impact on recreational or commercial vessel traffic due to
this safety zone.
U.S. Navy Vessel Departure
Finally, the Coast Guard proposes to establish a moving safety zone
for the departure of the participating U.S. Navy Aircraft or Helicopter
carrier in this annual event. This proposed safety zone includes all
waters 500 yards ahead and astern, and 200 yards on each side of the
vessel as it transits the Port of New York and New Jersey from its
mooring at the Intrepid Sea, Air and Space Museum, Manhattan, to the
COLREGS Demarcation line at Ambrose Channel Entrance Lighted Bell Buoy
2 (LLNR 34805). The proposed regulation is effective annually, on the
Wednesday following Memorial Day. Departure time is dependent on tide,
weather, and granting of authority for departure by the Captain of the
Port, New York. The proposed safety zone is needed to protect the
maritime public from possible hazards to navigation associated with a
large naval vessel transiting the Port of New York and New Jersey with
limited maneuverability in restricted waters. It provides a clear
traffic lane for the U.S. Navy ship to safely navigate from its berth.
The specific ship which this moving safety zone applies to will be
published in the Local Notice to Mariners and broadcast via marine
information broadcasts and facsimile before the start of Fleet Week
events.
Discussion of Proposed Rule
The new safety zones are being proposed to provide for the safety
of life on navigable waters during the event, to give the marine
community the opportunity to comment on the exclusion areas, and to
decrease the amount of annual paperwork required for this event.
Regulatory Evaluation
This proposed rule is not a significant regulatory action under
section 3(f) of
[[Page 9109]]
Executive Order 12866 and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Order. It has not been
reviewed 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 proposed rule
to be so minimal that a full Regulatory Evaluation under paragraph 10e
of the regulatory policies and procedures of DOT is unnecessary.
Although this regulation prevents traffic from transiting a portion of
New York Harbor's Upper Bay and the Hudson River during the event, the
effect of this regulation will not be significant for the following
reasons: the regulations will be in effect for barely a week a year;
the maritime community will receive extensive advance notice through
Local Notices to Mariners, facsimile, and marine information
broadcasts; Fleet Week is an annual event with local support; at no
time will any of the affected waterways be entirely closed to marine
traffic; alternative routes are available for commercial and
recreational vessels that can safely navigate the Harlem and East
Rivers, Kill Van Kull, Arthur Kill, and Buttermilk Channel; and similar
safety zones have been established for several past Fleet Week parades
and Sea and Air demonstrations with minimal or no disruption to vessel
traffic or other interests in the port. These safety zones have been
narrowly tailored to impose the least impact on maritime interests yet
provide the level of safety deemed necessary.
Small Entities
Under the regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considers whether this proposed rule, if adopted, will have
a significant economic impact on a substantial number of small
entities. ``Small entities'' include small businesses, not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations of less than 50,000.
For the reasons stated in the Regulatory Evaluation section above,
the Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule, if adopted, 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
proposed rule will have a significant economic impact on your business
or organization, please submit a comment (see ADDRESSES) explaining why
you think it qualifies and in what way and to what degree this proposed
rule will economically affect it.
Collection of Information
This proposed rule does not provide for a collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq).
Federalism
The Coast Guard has analyzed this proposed rule under the
principles and criteria contained in Executive Order 12612 and has
determined that this proposed rule does not have sufficient
implications for federalism to warrant the preparation of a Federalism
Assessment.
Unfunded Mandates
Under the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), the
Coast Guard must consider whether this rule will result in an annual
expenditure by state, local, and tribal governments, in the aggregate
of $100 million (adjusted annually for inflation). If so, the Act
requires that a reasonable number of regulatory alternatives be
considered, and that, from those alternatives, the least costly, most
cost-effective, or least burdensome alternative that achieves the
objective of the rule be selected. No state, local, or tribal
government entities will be affected by this rule, so this rule will
not result in annual or aggregate costs of $100 million or more.
Therefore, the Coast Guard is exempt from any further regulatory
requirements under the Unfunded Mandates Act.
Environment
The Coast Guard considered the environmental impact of this
proposed rule and concluded that under figure 2-1, paragraph 34(g) of
Commandant Instruction M16475.1C, this proposed rule is categorically
excluded from further environmental documentation. A ``Categorical
Exclusion Determination'' is available in the docket for inspection or
copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Proposed Regulation
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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. Add Sec. 165.163 to read as follows:
Sec. 165.163 Safety Zones; Port of New York/New Jersey Fleet Week.
(a) The following areas are established as safety zones:
(1) Safety Zone A:
(i) Location. A moving safety zone for the Parade of Ships
including all waters 500 yards ahead and astern, and 200 yards on each
side of the designated column of parade vessels at it transits the Port
of New York and New Jersey from the Verrazano Narrows Bridge to
Riverside State Park on the Hudson River between West 137th and West
144th Streets, Manhattan.
(ii) Enforcement period. Paragraph (a)(1)(i) of this section is
enforced annually from 8 a.m. until 5 p.m. on the Wednesday before
Memorial Day.
(2) Safety Zone B:
(i) Location. A safety zone including all waters of the Hudson
River between Piers 84 and 90, Manhattan, from the parade column east
to the Manhattan shoreline.
(ii) Enforcement period. Paragraph (a)(2)(i) of this section
enforced annually from 8 a.m. until 5 p.m. on the Wednesday before
Memorial Day.
(3) Safety Zone C:
(i) Location: A moving safety zone including all waters of the
Hudson River within a 200-yard radius of each parade vessel upon its
leaving the parade of ships until it is safely berthed.
(ii) Enforcement period. Paragraph (a)(3)(i) of this section
enforced annually from 8 a.m. until 5 p.m. on the Wednesday before
Memorial Day.
(4) Safety Zone D:
(i) Location. A safety zone including all waters of the Hudson
River bound by the following points: from the southeast corner of Pier
90, Manhattan, where it intersects the seawall, west to approximate
position 40 deg.46'10'' N 074 deg.00'13'' W (NAD 1983), south to
approximate position 40 deg.45'54'' N 074 deg.00'25'' W (NAD 1983),
then east to the northeast corner of Pier 83 where it intersects the
seawall.
(ii) Enforcement period. Paragraph (a)(4)(i) of this section is
enforced annually from 10 a.m. until 5 p.m., from Friday through
Monday, Memorial Day weekend.
(5) Safety Zone E:
(i) Location. A moving safety zone including all waters 500 yards
ahead and astern, and 200 yards on each side
[[Page 9110]]
of the departing U.S. Navy aircraft or Helicopter Carrier as it
transits the Port of New York and New Jersey from its mooring at the
Intrepid Sea, Air and Space Museum, Manhattan, to the COLREGS
Demarcation line at Ambrose Channel Entrance Lighted Bell Buoy 2 (LLNR
34805).
(ii) Endorcement period. Paragraph (a)(5)(i) of this section
enforced annually on the Wednesday following Memorial Day. Departure
time is dependent on tide, weather, and granting of authority for
departure by the Captain of the Port, New York.
(b) Effective period. This section is effective annually from 8
a.m. on the Wednesday before Memorial Day until 4 p.m. on the Wednesday
following Memorial Day.
(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. These personnel comprise commissioned, warrant, and petty
officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard
vessel by siren, radio, flashing light, or other means, the operator of
a vessel shall proceed as directed.
Dated: February 11, 1999.
R.E. Bennis,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 99-4590 Filed 2-23-99; 8:45 am]
BILLING CODE 4910-15-M
