[Federal Register Volume 60, Number 82 (Friday, April 28, 1995)]
[Rules and Regulations]
[Pages 20907-20908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10535]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[Docket No. CGD01-95-023]
RIN 2115-AA97
Safety Zone: USS AMERICA, Fleet Week '95, Port of New York and
New Jersey
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone on May 24, 1995,
and May 31, 1995, for the arrival and departure of the USS AMERICA for
Fleet Week '95. This moving safety zone is established 500 yards fore
and aft, and 200 yards on each side of the USS AMERICA as it transits
the Port of New York and New Jersey between Ambrose Channel Lighted
Whistle Buoy ``A'' and its berth at Pier 88, Manhattan, on the Hudson
River.
EFFECTIVE DATE: This rule is effective on May 24, 1995, from 9:15 a.m.
until 3 p.m., and on May 31, 1995, from 7:30 a.m. until 1 p.m., unless
extended or terminated sooner by the Captian 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 14242) 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 NPRM stated that
the safety zone would be in effect while the USS AMERICA transited to
and from its berth at an unknown location. This location is now known
to be Pier 88, Manhattan, in the Hudson River. The Coast Guard is
promulgating this final rule as proposed with the exception of this
addition. 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
The Intrepid Museum Foundation is sponsoring Fleet Week '95. The
USS AMERICA has been designated as the Fleet Week Flagship and will be
entering the Port of New York and New Jersey on May 24, 1995, to
participate in the various activities associated with this celebration.
USS AMERICA intends to depart the Port of New York and New Jersey
following the completion of Fleet Week on May 31, 1995. This regulation
is effective during the arrival and departure of the USS AMERICA on May
24, 1995, from 9:15 a.m. until 3:00 p.m., and on May 31, 1995, from
7:30 a.m. until 1:00 p.m. unless extended or terminated sooner by the
Coast Guard Captain of the Port, New York. The regulation establishes a
moving safety zone within 500 yards fore and aft and 200 yards to each
side of the USS AMERICA, as it transits the Port of New York and New
Jersey between Ambrose Channel Lighted Whistle Buoy ``A'', at or near
40 deg. 28.8' N latitude, 73 deg. 53.7' W longitude, and its berth at
Pier 88, Manhattan, on the Hudson River. No vessels are permitted to
enter or move within this moving 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 large naval vessel
transiting the Port of New York and New Jersey with limited
maneuverability in restricted waters, and requiring a clear traffic
lane in order to safely navigate to and from its berth.
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. This safety zone prevents
vessels from approaching within 500 yards fore and aft and 200 yards on
either side of the aircraft carrier USS AMERICA. These distances are
less than the typical safe passage distances normally required for
large vessels and aircraft carriers. Additionally, recreational traffic
can transit on either side of the safety zone or on other major
waterways within the port. 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 large naval
vessels 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 [[Page 20908]] 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 transit 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.T01-023 is added to read as follows:
Sec. 165.T01-023 Safety Zone; USS AMERICA, Fleet Week '95, Port of New
York and New Jersey.
(a) Location. This moving safety zone includes all waters within
500 yards fore and aft and 200 yards to each side of the USS AMERICA,
as it transits the Port of New York and New Jersey between Ambrose
Channel Lighted Whistle Buoy ``A'', at or near 40 deg.28.8' N latitude,
73 deg.53.7' W longitude, and its berth at Pier 88, Manhattan, on the
Hudson River.
(b) Effective period. This section is effective on May 24, 1995,
from 9:15 a.m. until 3 p.m., and on May 31, 1995, from 7:30 a.m. until
1 p.m., 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: April 20, 1995.
J. Rutkovsky,
Commander, U.S. Coast Guard, Captain of the Port, New York, Acting.
[FR Doc. 95-10535 Filed 4-27-95; 8:45 am]
BILLING CODE 4910-14-M