[Federal Register Volume 60, Number 51 (Thursday, March 16, 1995)]
[Proposed Rules]
[Pages 14246-14247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6432]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD01-95-014]
RIN 2115-AA97


Safety Zone: Parade of Ships, Fleet Week '95, 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 safety zone 
on May 24, 1995, for the Fleet Week '95 Parade of Ships. This moving 
safety zone would be established 500 yards fore and aft, and 200 yards 
on each side of the designated column of vessels in this parade as it 
transits from the Verrazano Narrows Bridge to the waters west of the 
79th Street Boat Basin, Manhattan, in the Hudson River. As the vessels 
make their turns and proceed southbound in the Hudson River the moving 
safety zone will continue to encompass all waters within a 200 yard 
radius of each vessel until it is safely berthed. The regulation would 
be in effect from 8:45 a.m. until 3 p.m. on Wednesday, May 24, 1995, 
unless extended or terminated sooner by the Coast Guard Captain of the 
Port, New York.

DATES: Comments must be received on or before April 17, 1995.

ADDRESSES: Comments should be mailed to U.S. Coast Guard Group, New 
York, Bldg. 108, Governors Island, New York 1004-5096, or may be 
delivered to the Maritime Planning Staff, Bldg. 108, between 8:45 a.m. 
and 4 p.m., Monday through Friday, except Federal holidays. Any person 
wishing to visit the office must contact the Maritime Planning Staff at 
(212) 668-7934 to obtain advance clearance, due to the fact that 
Governors Island is military installation with limited access.

FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) K. Messenger, Maritime Planning Staff Chief, 
Coast Guard Group, New York, (212) 668-7934.

SUPPLEMENTARY INFORMATION: .

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. A 30 
day comment period is deemed to be sufficiently reasonable notice to 
all interested persons. Since this proposed rulemaking is neither 
complex nor technical, a longer comment period is unnecessary and 
contrary to the public interest. Any delay in publishing a final rule 
would effectively cancel this event.
    Persons submitting comments should include their names and 
addresses, identify this notice (CGD01-95-014) 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 LTJG K. Messenger, Project Manager, 
Coast Guard Group New York and LCDR J. Stieb, Project Attorney, First 
Coast District, Legal Office.

Background and Purpose

    On March 1, 1995 the Intrepid Museum Foundation 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 May 24, 1995. The 
regulation would be effective from 8:45 a.m. until 3 p.m. on May 24, 
1995, unless extended or terminated sooner by the Coast Guard Captain 
of the Port, New York. This regulation would establish a moving safety 
zone within all waters 500 yards forward of the lead parade vessel, 500 
yards aft of the last parade vessel, and 200 yards to each side of the 
designated column as it transits north from the Verrazano Narrows 
Bridge to the waters west of the 79th Street Boat Basin, Manhattan, in 
the Hudson River. The vessels would then proceed to their berths. The 
regulation would also provide for a moving safety zone in all waters 
within a 200 yard radius around [[Page 14247]] 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 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 in order to safely navigate.

Regulatory Evaluation

    This proposal 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 
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 would prevent vessels from transiting 
portions of the Port of New York and New Jersey from 8:45 a.m. until 3 
p.m. on Wednesday, May 24, 1995, unless extended or terminated sooner 
by the Coast Guard Captain of the Port, New York. 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 would 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. Alternate routes are also available to commercial and 
recreational vessels 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 the last few Fleet Week 
parades of ships 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 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 proposal to be minimal. The Coast Guard 
certifies under 5 U.S.C. 605(b) that this proposal 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 federalisms 
implications to warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard has considered the environmental impact of this 
proposal and concluded that under section 2.B.2.e. of Commandant 
Instruction M16475.1B, it is categorically excluded from further 
environmental documentation. A Categorical Exclusion Determination is 
included in the docket.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Vessels, 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 section, 165.T01-014 is added to read as follows:


Sec. 165.T01-041  Parade of Ships, Fleet Week '95, 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 on each side of the designated column as 
it transits north from the Verrazano Narrows Bridge to the waters west 
of the 79th Street Boat Basin, Manhattan, in the Hudson River. The 
moving safety zone continues to include 200 yards around each vessel as 
it breaks from the parade formation and transits southbound in the 
Hudson River until safety berthed.
    (b) Effective period This section is effective from 8:45 a.m. until 
3 p.m. on May 24, 1995, unless extended or terminated sooner by the 
Captain of the Port, New York.
    (c) Regulations.
    (1) The general regulations contained in 33 C.F.R. 165.23 apply to 
this safety zone.
    (2) All persons and vessels shall comply with the instructions on 
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 9, 1995.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 95-6432 Filed 3-15-95; 8:45 am]
BILLING CODE 4910-14-M