[Federal Register Volume 59, Number 61 (Wednesday, March 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7535]
[[Page Unknown]]
[Federal Register: March 30, 1994]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD01-94-002]
RIN 2115-AA97
Safety Zone; Parade of Ships, Fleet Week '94, Port of NY and NJ
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on June 2, 1994, to protect the boating public from the possible
hazards to navigation associated with a parade of naval vessels
transiting the Upper and Lower New York Bays, and Hudson River in close
proximity to each other. If adopted, a moving safety zone will be
established 500 yards fore and aft, and 200 yards on either side of the
designated column of vessels in the parade as it transits from the
Verrazano Narrows Bridge to Pier 86, Manhattan, in the Hudson River. As
the vessels then proceed to their berths, the moving safety zone will
expand to encompass all waters within a 200 yard radius of each vessel
until it is safely moored. The regulation would be in effect from 7:30
a.m. until 3 p.m. on Thursday, June 2, 1994, unless terminated sooner
by the Coast Guard Captain of the Port, New York.
DATES: Comments must be received on or before May 31, 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 (CGD01-94-002) and the specific section of the
proposal to which their comments apply, and give reasons for each
comment. Persons wanting acknowledgment 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. It may change this proposal in view of the comments.
The Coast Guard plans no public hearing, however, persons may request a
public hearing by writing to the Project Manager at the address under
``ADDRESSES''. If it is determined 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.
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 November 16, 1993, the Intrepid Sea Air Space Museum 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 June 2, 1994. On
January 18, 1994, the Coast Guard held a meeting with the sponsor to
confirm the specifics of this marine event. The proposed regulation
would establish a moving safety zone within all waters 500 yards
foreward of the lead parade vessel, 500 yards aft of the last parade
vessel, and 200 yards either side of the designated column as it
transits northward from the Verrazano Narrows Bridge to Pier 86,
Manhattan, in the Hudson River. Following the transit to Pier 86, the
vessels will proceed to their berths. The proposed regulation 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 regulation is required 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 will be transiting with limited maneuverability and
therefore require a clear traffic lane in order to safely navigate to
their destination.
Discussion of Proposed Amendments
The Coast Guard proposes to establish a moving safety zone within
all waters 500 yards foreward of the lead parade vessel, 500 years aft
of the last parade vessel, and 200 yards either side of the designated
column as it transits northward from the Verrazano Narrows Bridge to
Pier 86, Manhattan, in the Hudson River. The proposed regulation 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. If adopted, these safety zones will
be in effect from 7:30 a.m. until 3 p.m. on June 2, 1994, unless
terminated sooner by the Coast Guard Captain of the Port, New York. The
closure of these portions of the waterways is needed to protect the
boating public from the possible hazards to navigation associated with
a parade of naval vessels transiting the waters of New York Harbor in
close proximity. No vessel will be permitted to enter or move within
these safety zones unless authorized by the Coast Guard Captain of the
Port, New York. As the parade clears a particular area vessel operators
will be able to transit those waters.
Regulatory Evaluation
This proposal is not considered a significant regulatory action
under Executive Order 12866 and is not significant under Department of
Transportation Regulatory Policies and Procedures (44 FR 11034;
February 26, 1979). Though 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 which in turn should not significantly
delay commercial traffic. Additionally, recreational traffic can
transit the river on either side of the safety zone or use the East
River, Kill Van Kull, or Arthur Kill as an alternate route. Similar
safety zones have been established for the last few annual Fleet Week
parades of ships with minimal or no disruption to vessel traffic or
other interests in the port. For all of the above reasons, as well as
the fact that extensive advisories will be made to the affected
maritime community so that they may adjust their plans accordingly, the
Coast Guard expects the economic impact of this proposal 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. A temporary Sec. 165.T01-002 is added to read as follow:
Sec. 165.T01-002 Parade of Ships, Fleet Week '94, 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 either side of the designated column as it
transits northward from the Verrazano Narrows Bridge to Pier 86,
Manhattan, in the Hudson River and then 200 yards around each vessel
until safely moored.
(b) Effective period. This section is effective from 7:30 a.m.
until 3 p.m. on June 2, 1994, unless 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. Coast Guard
Auxiliary members may be present to inform vessel operators of this
regulation and other applicable laws.
Dated: March 2, 1994.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 94-7535 Filed 3-29-94; 8:45 am]
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