[Federal Register Volume 61, Number 96 (Thursday, May 16, 1996)]
[Rules and Regulations]
[Pages 24699-24701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12259]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD01-96-013]
RIN 2115-AA97
Safety Zone: Fleet Week 1996 Parade of Ships, Port of New York
and New Jersey
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary moving safety zone
on May 22, 1996, for the Fleet Week 1996 Parade of Ships. This moving
safety zone includes all waters 500 yards fore and aft, and 200 yards
on each side of the designated column of parade vessels as it transits
the Port of New York and New Jersey.
EFFECTIVE DATE: This rule is effective from 9:45 a.m. to 4:30 p.m. on
Wednesday, May 22, 1996, unless extended or terminated sooner by the
Coast Guard Captain of the Port, New York.
[[Page 24700]]
FOR FURTHER INFORMATION CONTACT:
Lieutenant Commander R. Trabocchi, Chief, Coordination and Analysis
Branch, Waterways Management Division, Coast Guard Activities, New
York, (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 publication. Due to the date that
specific, detailed information on the arrival and departure plans of
the naval vessels visiting New York City was made available to the
Coast Guard, there was insufficient time to draft and publish an NPRM.
Immediate action is needed to protect the maritime public from the
hazards associated with large naval vessels transiting the Port of New
York and New Jersey in close proximity.
Background and Purpose
The Intrepid Museum Foundation is sponsoring a parade of U.S. Coast
Guard, U.S. Navy, and foreign naval ships through the Port of New York
and New Jersey on May 22, 1996. This regulation establishes a moving
safety zone to include all waters 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 of parade vessels as it transits the Port
of New York and New Jersey between the Verrazano Narrows Bridge and the
waters of the Hudson River west of Riverbank State Bank, between West
137th and West 144th Streets, Manhattan, New York. As the vessels turn
in the waters west of Riverbank State Park and proceed southbound in
the Hudson River, the moving safety zone will expand to include all
waters within a 200 yard radius of each vessel from its turning point
until it is safety berthed at various locations within the Port of New
York and New Jersey. The safety zone will also expand briefly to
include the waters of the Hudson River between Piers 84 and 88,
Manhattan, New York, from the parade vessel column east to the
Manhattan shoreline as the column passes in front of Piers 84 through
88. The purposes of this expansion is to allow the public an obstructed
view of the parade from the pierside reviewing stand. This regulation
is effective from 9:45 a.m. to 4:30 p.m. on May 22, 1996, unless
extended or terminated sooner by the Coast Guard Captain of the Port,
New York. No vessel will be permitted to enter or move within this
safety zone unless authorized by the Captain of the Port, New York.
This regulation 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 to safety navigate.
Regulatory Evaluation
This rule 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 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
proposal to be so minimal that a full Regulatory Evaluation under
paragraph 10(e) for the regulatory policies and procedures of DOT is
unnecessary. This moving safety zone prevents vessels from transiting
portions of Upper New York Bay and the Hudson River in the Port of New
York and New Jersey on Wednesday, May 22, 1996. Although there is a
regular flow or traffic through this area, there is not likely to be a
significant impact on recreational or commercial vessel 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; commercial
and recreational vessels could transit on either side of the moving
safety zone except along the Manhattan side between Piers 84 and 88 as
the parade passes in front of these Piers; and alternate routes are
available for commercial and recreational vessels that can safety
navigate the Harlem and East Rivers, Kill Van Kull, Arthur Kill, and
Buttermilk Channel. Similar safety zones have been established for
several past Fleet Week parades of ships and minimal or no disruption
to vessel traffic or other interests in the port. In addition,
extensive, advance notifications will be made to the maritime community
so mariners can adjust their plans accordingly.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider the economic impact on small entities of this
rule. ``Small entities'' may include (1) small businesses and not-for-
profit organizations that are 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
significant impact on a substantial number of small entities.
Collection of Information
This proposal 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 rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of the rule and
concluded that, under 2.B.2.e.(34)(g) of Commandant Instruction
M16475.1B (as revised by 59 FR 38654, July 29, 1994), this rule 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 section, 165.T01-013, is added to read as follows:
Sec. 165.T01-013 Safety Zone: Fleet Week 1996 Parade of Ships, Port of
New York and New Jersey.
(a) Location.
(1) 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 of parade
vessels as it transits between the Verrazano Narrows Bridge and the
[[Page 24701]]
waters of the Hudson River west of Riverbank State Park, between West
137th and West 144th Streets, Manhattan, New York.
(2) The moving safety zone includes all waters within a 200 yard
radius of each parade vessel from its turning point near Riverbank
State Park until the vessel is safely berthed at various locations in
the Port of New York and New Jersey.
(3) The safety zone includes all waters of the Hudson River Piers
84 and 88, Manhattan, New York, from the parade vessel column east to
the Manhattan shoreline as the column passes in front of Piers 84
through 88.
(b) Effective period. This section is effective from 9:45 a.m. to
4:30 p.m. on May 22, 1996, unless extended or terminated sooner by the
Captain of the Port, New York.
(c) Regulations.
(1) The general regulations contained in 33 CFR 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: May 6, 1996.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 96-12259 Filed 5-15-96; 8:45 am]
BILLING CODE 4910-14-M
