[Federal Register Volume 59, Number 96 (Thursday, May 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11984]
[[Page Unknown]]
[Federal Register: May 19, 1994]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD01-94-023]
RIN 2115-AE84
Regulated Navigation Area: Heli-Carriers International, Upper New
York Bay, New York and New Jersey
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a Regulated Navigation
Area (RNA) in a portion of Upper New York Bay. Heli-Carriers
International intends to anchor a self-propelled, floating heliport in
the waters of Upper New York Bay located in an area south southwest of
Liberty Island and west of Federal Anchorage 20D for the purpose of
operating a helicopter sightseeing service. This regulation is
necessary to protect commercial mariners and the recreational boating
public from the hazards associated with establishing a floating
helicopter platform and passenger terminal near an anchorage area.
DATES: Comments must be received on or before July 18, 1994.
ADDRESSES: Comments should be mailed to Captain of the Port, New York,
Bldg. 108, Governors Island, New York 10004-5096, or may be delivered
to the Waterways Management Branch, Bldg. 108, between 8 a.m. and 4:30
p.m., Monday through Friday, except Federal holidays.
Any person wishing to visit the office must contact the Waterways
Management Branch at (212) 668-7933 to obtain advance clearance due to
the fact that Governors Island is a military installation with limited
access.
FOR FURTHER INFORMATION CONTACT:
Lt. R. Trabocchi, Project Manager, Captain of the Port, New York (212)
668-7933.
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 notice (CGD01-94-023) and the specific section of the
proposal to which their comments apply, and give reasons for each
comment. Persons wanting acknowledgement of receipt of comments should
enclose a stamped, self-addressed postcard or envelope.
The Coast Guard will consider all comments received during the
comment period and may change this proposal in view of the comments.
The Coast Guard plans no public hearing; however, a public hearing may
be requested by any interested person by writing to the Project Manager
at the address under ADDRESSES. If it is determined that the
opportunity for oral presentations at a public meeting will aid this
rulemaking, the Coast Guard will hold such a public hearing at a time
and place announced by a later notice in the Federal Register.
Drafting Information
The drafters of this notice are Lt R. Trabocchi, Project Manager,
Captain of the Port, New York, and CDR J. Astley, Project Attorney,
First Coast Guard District, Legal Office.
Background and Purpose
On February 24, 1994, Heli-Carriers International (herein ``Heli-
Carriers'') received official notification that they were awarded a
concession agreement (herein ``the Agreement'') from the State of New
Jersey, Department of Environmental Protection and Energy (herein ``the
Department'') to operate a water taxi service that would transport
persons from Liberty State Park, Hudson County, New Jersey, to a
helicopter sightseeing service located on the waters of Upper New York
Bay. The execution of the Agreement is dependent upon Heli-Carriers'
submittal to the Department of proof of all license(s), permit(s), and
approvals from the State of New Jersey, Federal Government (including
the Federal Aviation Administration), and U.S. Coast Guard. The
Agreement is expected to be immediately executed upon receipt of those
submittals and will be effective from the effective date of the
Agreement until December 31, 1994, with four (4), one (1) year
opportunities for renewal.
Upon execution of the Agreement, Heli-Carrier will operate (1) a
water taxi from the boat launch located at the southside boat dock at
Liberty State Park and, (2) a helicopter sightseeing service from a
self-propelled, floating heliport (herein ``heliport'') anchored within
a 50 yard radius centered at approximately 40 deg.40'52'' N latitude
and 074 deg.03'29'' W longitude in Upper New York Bay. This 50 yard
radius is the heliport's anchoring zone. The heliport will be a Coast
Guard inspected, steel-hulled vessel constructed with a helicopter
platform.
This heliport will serve as the landing and takeoff platform for
helicopters providing aerial tours around New York harbor and the
Statute of Liberty to tourists who visit Liberty State Park. Visitors
who are interested in aerial tours would be transported by Heli-
Carriers' water taxi from Liberty State Park to the heliport.
Heli-Carriers will operate this water taxi and helicopter
sightseeing service daily from 10 a.m. to sunset, weather permitting.
In order to provide for the safe navigation of commercial mariners
and the recreational boating public as well as the safe operation of
this helicopter sightseeing service, the Captain of the Port of New
York deems a regulated navigation area to be necessary.
Discussion of Proposed Amendments
The Coast Guard proposes to establish a regulated navigation area
in Upper New York Bay for the operations of this helicopter sightseeing
service. The regulated navigation area will prohibit all vessel traffic
within defined boundaries during specified times except for the water
taxis operating in conjunction with the heliport. The water taxis
serving the heliport may enter and transit freely within the regulated
navigation area at anytime except while a helicopter is landing on or
taking off from the heliport.
The area proposed for designation as a regulated navigation area is
located in the waters south southwest of Liberty Island and west of
Federal Anchorage 20D in Upper New York Bay. This regulated navigation
area will include all waters within a 150 yard radius measured from a
point in the center of the heliport's anchoring zone at or near
40 deg.10'52''N latitude and 074 deg.03'29''W longitude. This 150 yard
radius or regulated navigation area is located approximately 650 yards
west of Federal Anchorage 20D and 1,450 yards south of the Statue of
Liberty. Two channels, Pierhead and Terminal Channels, are located
approximately 350 yards and 475 yards, respectively, south southwest of
the proposed regulated navigation area. Vessel traffic in these
channels consists primarily of tugs and tows. This proposed regulated
navigation area is also in the vicinity of two foul areas; one located
to the north and the other located to the east.
The Coast Guard deems this regulated navigation area necessary to
ensure the safety of vessel traffic that may desire to transit the
area. The regulated navigation area encompasses the 50 yard radius
identified as the heliport's anchoring zone and an additional 100 yard
radius around this anchoring zone. The 100 yard radius is the minimum
distance deemed necessary to protect transiting vessel traffic in the
event of an unforeseen mishap aboard or near the heliport. Helicopter
flights are expected to occur frequently throughout each operating day;
the exact number of flights will be determined by customer demand and
the length of sightseeing tours chosen.
During a helicopter landing or takeoff from the heliport, the water
taxis must remain outside a 200 foot radius measured around the
heliport. This 200 foot radius is needed to ensure the safety of the
water taxis during landing and takeoff operations. It allows for the
helicopter pilot and heliport operator to concentrate solely on landing
and takeoff operations without the distraction of an approaching
vessel.
Due to the fact that Heli-Carriers operates both the heliport and
the water taxis, safety concerns for the water taxis are different than
they are for other vessel traffic. Operators of the water taxis and the
heliport can maintain a level of communication which will allow for the
passing of maneuvering intentions, exchange of schedule and flight
pattern changes, and the passing of any other information that may be
necessary to ensure the safety of the water taxi and its passengers
within the regulated navigation area. This level of communication
cannot be maintained with other vessel traffic that may desire to
transit the area. Therefore, while the 200 foot radius during the
landing and takeoff of a helicopter is deemed sufficient for the safety
of the water taxis, the 150 yard radius identified as the regulated
navigation area is necessary for the safety of all other vessel
traffic.
Restrictions on vessel movement and operation within this proposed
regulated navigation area will be lifted during those hours that the
helicopter sightseeing service is scheduled not to operate. During
these hours, daily from sunset to 10 a.m., commercial and recreational
vessels that can safely transit the waters within the regulated
navigation area may do so without restriction.
Heli-Carriers has indicated that their start up operations will not
include aircraft re-fueling operations aboard the heliport. Heli-
Carriers may, however, choose to exercise their option to conduct
aircraft re-fueling operations aboard the heliport sometime in the
future. Should Heli-Carriers opt to conduct re-fueling operations
within this regulated navigation area, the Coast Guard will reevaluate
their operations and the sufficiency of this regulated navigation area.
Nothing in this regulated navigation area relieves Heli-Carriers
from complying with all Federal, State, and local regulations that
pertain to this heliport operation.
Establishment of this regulated navigation area will not endanger
commercial traffic. No navigable channel in the vicinity of this
regulated navigation area will be affected. Vessel traffic will find it
necessary to transit around this regulated navigation area when going
to and from Liberty State Park, New Jersey, in a southerly direction.
The vessel traffic that transits this area consists primarily of
commercial dinner cruise boats in the early evening hours and a number
of small fishing crafts throughout the day. However, there are ample
waters which will allow vessel traffic to safely transit around this
regulated navigation area.
Although the effective period of this regulation is scheduled to
terminate concurrently with the Agreement on December 31, 1994, it may
be amended to remain in effect during subsequent Agreement renewals.
Regulatory Evaluation
These regulations are not significant under Executive Order 12866
and not significant under Department of Transportation Regulatory
Policies and Procedures (44 FR 11040, February 26, 1979). Due to the
fact that the proposed regulated navigation area is not known to be
heavily used by commercial or recreational traffic and that there are
sufficient waters to allow vessel traffic to safely maneuver around
this area, 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 proposal 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 proposal, if adopted, will
not have a significant economic 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).
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 proposal does not raise sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impact of these
regulations and concluded that under section 2.B.2.c. of Commandant
Instruction M16475.1B, it is an action under the Coast Guard's
statutory authority to promote maritime safety and protect the
environment, and thus is categorically excluded from further
environmental documentation. A Categorical Exclusion Determination will
be included in the docket.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Proposed Regulations
For reasons set out 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. Section 165.175 will be added to read as follows:
Sec. 165.175 Heli-Carriers International, Upper New York Bay, New York
and New Jersey.
(a) Location. The regulated navigation area includes all waters of
Upper New York Bay within a 150 yard radius of the heliport anchored in
an area south southwest of Liberty Island and west of Federal Anchorage
20D at or near 40 deg.40'52'' N latitude and 074 deg.03'29'' W
longitude.
(b) Effective period. This section will be effective on July 25,
1994 and will remain in effect until December 31, 1998, unless
terminated sooner by the Captain of the Port, New York.
(c) Regulations. (1) Heliport anchoring area. The heliport may not
anchor outside a 50 yard radius identified as an anchoring zone
centered at approximately 40 deg.40'52'' N latitude and 074 deg.03'29''
W within the regulated navigation area.
(2) Operating times. The heliport and water taxis may operate
within the zone only between the hours of 10 a.m. and sunset, daily,
weather permitting.
(3) Operation of water taxis. Water taxis operating in conjunction
with the heliport may transit freely within the regulated navigation
area at all times but must remain a minimum of 200 feet from the
heliport during the landing or takeoff of a helicopter.
(4) Control of operations and vessels within the regulated
navigation area. (i) Except for the heliport and water taxis operating
in conjunction with the heliport, no vessel may enter, transit, or
remain in the regulated navigation area daily between the hours of 10
a.m. and sunset during the effective period of this section, except
when expressly permitted by the Captain of the Port. Vessels may enter,
transit, or remain in the regulated navigation area daily between the
hours of sunset and 10 a.m. without any restriction. The general
regulations contained in 33 CFR 165.13 apply to this regulated
navigation area.
(ii) When necessary, in the interest of safety by reason of
weather, visibility, port congestion, vessel conditions, sea
conditions, or other hazardous circumstances, the Captain of the Port
may direct the operation of the water taxis or heliport or issue orders
to anchor these vessels in a certain manner.
(iii) A licensed officer shall remain in the pilothouse of the
heliport during the embarking and disembarking of passengers and the
landing and takeoff of helicopters, and shall ensure that the heliport
is capable of getting underway immediately.
(iv) A licensed officer shall remain in the pilothouse of the water
taxi at all times while underway and during the embarking and
disembarking of passengers, and shall ensure that the water taxis is
capable of getting underway immediately.
(v) No refueling of vessels or helicopters is authorized within the
regulated navigation area.
(vi) The licensed officers of the heliport and associated water
taxis operating within the regulated navigation area shall comply with
any orders or directions issued to the licensed officers, the water
taxis, or the heliport by the Captain of the Port.
Dated: May 3, 1994.
K.W. Thompson,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 94-11984 Filed 5-18-94; 8:45 am]
BILLING CODE 4910-14-M
