[Federal Register Volume 60, Number 51 (Thursday, March 16, 1995)]
[Proposed Rules]
[Pages 14242-14243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6430]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary 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 would be 
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.

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 10004-5096, or may be 
delivered to the Maritime Planning Staff, Bldg. 108, between 8 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 a 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 (CGD01-95-023) 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 Guard District, Legal Office.

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 
would be effective during the arrival and departure of the USS AMERICA 
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 
Coast Guard Captain of the Port, New York. The regulation would 
establish 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. The exact berthing location is unknown at this time. It will be 
announced in the final rule and will broadcast via Marine Information 
Broadcast with the announcement of the effective date and time of the 
safety zone. No vessels will be 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 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 the 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 [[Page 14243]] Port of New York 
and New Jersey 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 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. 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 on 
most major waterbodies and waterways within the Port. 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 arrivals and departures of 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 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 federalism 
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.T01-023 is added to read as follows:


Sec. 165.T01-023  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.
    (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) 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 9, 1995.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 95-6430 Filed 3-15-95; 8:45 am]
BILLING CODE 4910-14-M