[Federal Register Volume 63, Number 98 (Thursday, May 21, 1998)]
[Rules and Regulations]
[Pages 27852-27853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13580]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-98-041]
RIN 2121-AA97
Safety Zone; Fleet Week Air/Sea Demonstrations, Hudson River, NY
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone in the
Hudson River, rectangular in shape, perpendicular to the USS INTREPID,
for air/sea demonstrations. The safety zone is in effect from 10:30
a.m. until 12:30 p.m. on May 22, 23, and 24, and from 2:30 p.m. until
4:30 p.m. on May 22, 23, 24 and 25, 1998. This action is necessary to
provide for the safety of life on navigable waters in the event of
aircraft problems developing during the demonstrations. It is intended
to restrict vessel traffic in the Hudson River.
DATES: This rule is effective from 10:30 a.m. until 12:30 p.m. on May
22, 23, and 24, and from 2:30 p.m. until 4:30 p.m. on May 22, 23, 24
and 25, 1998.
ADDRESSES: Comments may be mailed to Commander (wob) (CGD01-98-041),
Coast Guard Activities New York, 212 Coast Guard Drive, Staten Island,
New York 10305-5005, or deliver them 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 in room 205 at
the same address between 8 a.m. and 3 p.m., Monday through Friday,
except federal holidays.
FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) A. Kenneally, Waterways Oversight Branch,
Coast Guard Activities New York, at (718) 354-4195.
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
conclusive information for these events was received, there was
insufficient time to draft and publish an NPRM. Any delay encountered
in this regulation's effective date would be contrary to public
interest since immediate action is needed to close a portion of the
waterway and protect the maritime public from the hazards associated
with these air/sea demonstrations, which are intended for public
entertainment.
Background and Purpose
The U.S. Marine Corps, Navy, and Coast Guard hold joint air/sea
demonstrations in and over the Hudson River in the vicinity of the USS
INTREPID Museum as a part of Fleet Week festivities. This regulation
establishes a safety zone which includes those waters of the Hudson
River bound by the following points: from the southeast corner of Pier
90, Manhattan, where it intersects the seawall, outbound to a position
at 40 deg.46'10''N latitude, 074 deg.00'13''W longitude (NAD 1983),
south to a point at 40 deg.45'54''N, 074 deg.00'24''W (NAD 1983), then
inbound to the northeast corner of Pier 83 where it intersects the
seawall. The safety zone is in effect from 10:30 a.m. until 12:30 p.m.
on May 22, 23, and 24, and from 2:30 p.m. until 4:30 p.m. on May 22,
23, 24 and 25, 1998. The safety zone prevents vessels from transiting
this portion of the Hudson River and is needed to protect commercial
and recreational traffic from the hazards associated with the
turbulence generated by vertical take-off aircraft. Vessels moored at
piers within the safety zone may remain moored for the duration of the
safety zone; however, they 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.
Regulatory Evaluation
This final 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 final rule to be so minimal that a full Regulatory
Evaluation under paragraph 10e of the regulatory policies and
procedures of DOT is unnecessary. This finding is based on the
following: commercial and recreational vessels navigating the Hudson
River can alter their route west of the affected area, commercial
ferries will be allowed to transit to and from
[[Page 27853]]
their berths at Pier 83, Manhattan during the demonstration at the
discretion of the Captain of the Port, and the extensive, advance
notifications which will be made.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this rule 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 discussed in the Regulatory Evaluation section
above, the Coast Guard certified under section 605(b) of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) that this rule will not have a
significant economic impact on a substantial number of small entities.
Collection of Information
This final 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 final rule under the principles
and criteria contained in Executive Order 12612, and has determined
that this final rule does not have sufficient implications for
federalism to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that under Figure 2-1, paragraph 34(g), of Commandant
Instruction M16475.1C, this final 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.
Regulation
For the reasons discussed 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. Add temporary section 165.T01-041 to read as follows:
Sec. 165.T01-041 Safety Zone; Fleet Week Air/Sea Demonstrations,
Hudson River, New York.
(a) Location. The following area is a safety zone: those waters of
the Hudson River bound by the following points: from the southeast
corner of Pier 90, Manhattan, where it intersects the seawall, outbound
to a position at 40 deg.46'10'' N latitude, 074 deg.100'13'' W
longitude (NAD 1983), south to a point at or near 40 deg.45'54'' N
latitude, 074 deg.00'24'' W longitude (NAD 1983), then inbound to the
northeast corner of Pier 83, Manhattan, where it intersects the
seawall.
(b) Effective period. This section is in effect from 10:30 a.m.
until 12:30 p.m. on May 22, 23, and 24, and from 2:30 p.m. until 4:30
p.m. on May 22, 23, 24 and 25, 1998.
(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. 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 15, 1998.
Richard C. Vlaun,
Captain, U.S. Coast Guard Captain of the Port, New York.
[FR Doc. 98-13580 Filed 5-18-98; 4:49 pm]
BILLING CODE 4910-15-M
