[Federal Register Volume 62, Number 70 (Friday, April 11, 1997)]
[Proposed Rules]
[Pages 17764-17766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9217]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-97-016]
RIN 2115-AA97


Safety Zone: Fleet Week 1997 Parade of Ships, Port of 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 temporary moving 
safety zone for the Fleet Week 1997 Parade of Ships, from 7:30 a.m. 
until 5:30 p.m. on May 21, 1997. This moving safety zone would include 
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. The moving safety zone will expand to include all 
waters within a 200 yard radius of each vessel upon dispersal of the 
parade column until each is safely moored.

DATES: Comments must be received on or before May 2, 1997.

ADDRESSES: Comments should be mailed to Lieutenant John W. Green, 
Waterways Oversight Branch, Coast Guard Activities New York, Bldg. 108, 
Governors Island, New York 10004-5006.

FOR FURTHER INFORMATION CONTACT: Lieutenant John W. Green, Chief, 
Waterways Oversight Branch, Waterways Management Division, Coast Guard 
Activities New York, (212) 668-7906.

SUPPLEMENTARY INFORMATION:

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 21, 1997. This proposed regulation will establish 
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 Park, 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

[[Page 17765]]

radius of each vessel from its turning point until safely 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 purpose of this expansion 
is to allow the public an unobstructed view of the parade from the 
pierside reviewing stand. This regulation is effective from 7:30 a.m. 
to 5:30 p.m. on May 21, 1997. 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 safely navigate.

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 (CGD01-97-016) 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 Waterways Oversight Branch 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.
    Good cause exists for providing a comment period of less than 60 
days. Due to the date final information concerning the event was 
received, a comment period of greater than 21 days would not allow 
sufficient time to publish a final rule prior to the scheduled date of 
the event. Since this proposal is neither complex nor technical, a 21 
day comment period is sufficient to provide reasonable notice of the 
proposed regulation. This safety zone is identical to last year's which 
caused little or no disruption to vessel traffic and maritime interests 
will be provided extensive advance notifications. A longer comment 
period would be impracticable, unnecessary, and contrary to the public 
interest.

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) of 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 21, 1997. Although there is a 
regular flow of 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 safely 
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 with 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.

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.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considers whether this proposed rule, if adopted, 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 or operated and are not 
dominant in their fields, and governmental jurisdictions with 
populations less than 50,000.

    For the reasons discussed in the Regulatory Evaluation section, the 
Coast Guard has determined that there is not likely to be a significant 
impact on small entities. In addition, similar safety zones have been 
established for several past Fleet Week parades of ships with minimal 
or no disruption to vessel traffic or other interests in the port.

Environment

    The Coast Guard considered the environmental impact of this 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 safety zone 
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.

Proposed Regulation

    For reasons set out in the preamble, the Coast Guard proposes to 
amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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.T01-016, is added to read as follows:


Sec. 165.T01-016  Safety Zone: Fleet Week 1997 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

[[Page 17766]]

each side of the designated column of parade vessels as it transits 
between the Verrazano Narrows Bridge and the 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 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.
    (b) This regulation is effective from 7:30 a.m. to 5:30 p.m. on May 
21, 1997, 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: March 28, 1997.
Richard C. Vlaun,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 97-9217 Filed 4-10-97; 8:45 am]
BILLING CODE 4910-14-M