[Federal Register Volume 60, Number 82 (Friday, April 28, 1995)]
[Rules and Regulations]
[Pages 20905-20907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10536]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD01-95-014]
RIN 2115-AA97
Safety Zone: Parade of Ships, Fleet Week '95, Port of New York
and New Jersey
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on May
24, 1995, for the Fleet Week '95 Parade of Ships. A moving safety zone
is established 500 yards fore and aft, and 200 yards on each side of
the designated column of vessels in this parade as it transits from the
Verrazano Narrows Bridge to the George Washington Bridge on the Hudson
River. As the vessels make their turns and proceed southbound in the
Hudson River, the moving safety zone continues to encompass all waters
within a 200 yard radius of each vessel until safely berthed.
EFFECTIVE DATE: This rule is effective from 9:30 a.m. until 4 p.m. on
Wednesday, May 24, 1995, unless extended or terminated sooner by the
Coast Guard Captain of the Port, New York.
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 notice 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 March 16, 1995, the Coast Guard published a notice of proposed
rulemaking (NPRM) in the Federal Register (60 FR 14246) concerning this
regulatory action. Interested persons were requested to submit comments
on or before April 17, 1995. No comments were received. A public
hearing was not requested and one was not held. The proposed rule
stated that the vessel column would transit from the Verrazano Narrows
Bridge to the waters west of the 79th Street Boat Basin, Manhattan, New
York. The Coast Guard has since determined that this would not be
practical due to the assigned mooring and anchoring locations of the
parade vessels. While the vessel column will transit approximately
8,300 yards north of the 79th Street Boat Basin, the parameters of the
moving safety zone [[Page 20906]] around this column remain the same as
published in the NPRM. The proposed rule also stated that the effective
period would be from 8:45 a.m. until 3 p.m. Due to a change in the
arrival time of the last parade vessel, the USS AMERICA, and the
increase in the length of this parade, the effective period was
changed.
The effective period of the safety zone will start at 9:30 a.m.
instead of 8:45 a.m. and will continue until 4 p.m. instead of 3 p.m.
The net result is that the effective period is a total of 15 minutes
longer in duration than originally expected. The impact of these
changes are minimal. The Captain of the Port, New York is promulgating
the temporary final rule as proposed with the exception of these
changes. Good cause exists for making this regulation effective less
than 30 days after Federal Register publication. Due to the NPRM
comment period deemed necessary to give the public adequate notice,
there was insufficient time to publish this temporary final rule 30
days prior to the event. The delay that would be encountered to allow
for a 30 day publication period would cause the cancellation of this
event. Cancellation of this event is contrary to the public interest.
Background and Purpose
On March 1, 1995, the Intrepid Museum Foundation submitted a
request to hold a parade of U.S. Coast Guard and U.S. and foreign naval
ships through the Port of New York and New Jersey on May 24, 1995. This
section will be effective from 9:30 a.m. until 4 p.m. on May 24, 1995,
unless extended or terminated sooner by the Coast Guard Captain of the
Port, New York. This section establishes a moving safety zone within
all waters 500 yards forward of the lead parade vessel, 500 yards aft
of the last parade vessel, and 200 yards to each side of the designated
column as it transits north from the Verrazano Narrows Bridge to the
George Washington Bridge, in the Hudson River. The vessels will then
proceed to their berths. This section also provides for a moving safety
zone in all waters within a 200 yard radius around each vessel from the
time the vessel breaks off from the parade until it is safely moored.
No vessel will be permitted to enter or move within these safety zones
unless authorized by the Captain of the Port, New York.
This section is 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 in close proximity. These
vessels have limited maneuverability and require a clear traffic lane
in order to safely navigate.
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. Although there is a regular flow
of traffic through this area, there is not likely to be a significant
impact on recreational or commercial traffic for several reasons. Due
to the moving nature of the safety zone, no single location will be
affected for a prolonged period of time. Therefore, commercial traffic
should not be significantly delayed. Additionally, recreational traffic
can transit the river on either side of the safety zone. Alternate
routes are also available to commercial and recreational vessel traffic
that can safely transit the Harlem and East Rivers, Kill Van Kull,
Arthur Kill, and Buttermilk Channel. Similar safety zones have been
established for the previous Fleet Week parades of ships with minimal
or no disruption to vessel traffic or other interests in the port. In
addition, extensive, advance advisories will be made to the maritime
community so that they can adjust their plans accordingly. For all the
above reasons, 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 parade under the National
Environmental Policy Act will be conducted in conjunction with the
marine event permitting process.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Vessels, 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.T01-014 is added to read as follows:
Sec. 165.T01-014 Safety Zone; Parade of Ships, Fleet Week '95, Port of
New York and New Jersey.
(a) Location. This moving safety zone includes all waters within
500 yards forward of the lead parade vessel, 500 yards aft of the last
parade vessel, and 200 yards on each side of the designated column as
it transits north from the Verrazano Narrows Bridge to the George
Washington Bridge on the Hudson River. The moving safety zone continues
to include 200 yards around each vessel [[Page 20907]] as it breaks
from the parade formation and transits southbound in the Hudson River
until safely berthed.
(b) Effective period. This section is effective from 9:30 a.m.
until 4 p.m. on May 24, 1995, 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 to
this safety zone.
(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: April 20, 1995.
J. Rutkovsky,
Commander, U.S. Coast Guard, Captain of the Port, New York Acting.
[FR Doc. 95-10536 Filed 4-27-95; 8:45 am]
BILLING CODE 4910-14-M
