[Federal Register Volume 61, Number 96 (Thursday, May 16, 1996)]
[Rules and Regulations]
[Pages 24697-24698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12257]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-96-021]
RIN 2115-AA97


Safety Zone: USS JOHN F. KENNEDY, Fleet Week 1996, Port of NY and 
NJ

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary moving safety zone 
on May 22, 1996, and May 29, 1996, and May 29, 1996, for the arrival 
and departure of the USS JOHN F. KENNEDY during Fleet Week 1996. This 
moving safety zone includes all waters 500 yards fore and aft, and 200 
yards on each side of the USS JOHN F. KENNEDY as the vessel enters and 
departs the Port of New York and New Jersey.

EFFECTIVE DATE: This rule is effective on May 22, 1996, from 7 a.m. 
until 1 p.m., and on May 29, 1996, from 7:30 a.m. until 12:01 p.m., 
unless extended or terminated sooner by the Coast Guard Captain of the 
Port, New York.

FOR FURTHER INFORMATION CONTACT:
Lieutenant Commander R. Trabocchi, Chief, Coordination and Analysis 
Branch, Waterways Management Division, Coast Guard Activities New York, 
(212) 668-7906.

SUPPLEMENTARY INFORMATION:

Regulatory History

    Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM) 
was not published for this regulation. Good cause exists for not 
publishing an NPRM, and for making this regulation effective less than 
30 days after Federal Register publication. Due to the date that 
specific, detailed information on the arrival and departure plans of 
the USS JOHN F. KENNEDY's visit to New York City was made available to 
the Coast Guard, there was insufficient time to draft and publish an 
NPRM. Immediate action is needed to protect the maritime public from 
the hazards associated with a large vessel with limited manueverability 
transisting the Port of New York and New Jersey.

Background and Purpose

    The Intrepid Museum Foundation is sponsoring the Fleet Week 1996 
Parade of Ships. The USS JOHN F. KENNEDY has been designated as the 
Fleet Week Flagship and will be entering the Port of New York and New 
Jersey on May 22, 1996, to participate in the parade. USS JOHN F. 
KENNEDY intends to depart the Port of New York and New Jersey following 
the completion of Fleet Week 1996 on May 29, 1996. This regulation will 
be effective during the arrival and departure of the USS JOHN F. 
KENNEDY on May 22, 1996, from 7 a.m. until 1 p.m., and on May 29, 1996, 
from 7:30 a.m. until 12:01 p.m. unless extended or terminated sooner by 
the Coast Guard Captain of the Port, New York. This regulation 
establishes a moving safety zone within 500 yards fore and aft and 200 
yards on each side of the USS JOHN F. KENNEDY 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 
(NAD 1983), and Pier 88, Manhattan, New York, exclusive of the time it 
is transiting as part of the Fleet Week 1996 Parade of Ships on May 22, 
1996. This moving safety zone is maintained while the vessel is at 
anchor in Federal Anchorage 23A on May 22, 1996; however, while at 
anchor the moving safety zone is reduced to a radius of 300 yards 
around the vessel. 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. It provides a clear traffic lane 
in order for the USS JOHN F. KENNEDY to safely navigate to and from its 
berth.

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 
rule to be so minimal that

[[Page 24698]]

a full Regulatory Evaluation under paragraph 10(e) of the regulatory 
policies and procedures of DOT is unnecessary. This moving safety zone 
will prevent 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 22, 1996, and Wednesday, May 29, 1996. 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; the safety 
zone distances are less than the typical safe passage distances 
normally required for large vessels and aircraft carriers; vessels can 
transit on either side of the safety zone; and alternate routes are 
available to commercial and recreational vessels that can safely 
transit the Harlem and East Rivers, Kill Van Kull, Arthur Kill, and 
Buttermilk Channel. Similar safety zones have been established in the 
past for the arrival and departure 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 mariners can adjust their plans accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider the economic impact on small entities of this 
rule. ``Small entities'' may include (1) small businesses and not-for-
profit organizations that are independently owned and operated and are 
not dominant in their fields and (2) governmental jurisdictions with 
populations of less than 50,000.
    For reasons set forth in the Regulatory Evaluation, the Coast Guard 
certifies under 5 U.S.C. 605(b) that this regulation will not have a 
significant 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 et seq).

Federalism

    The Coast Guard 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.

Environment

    The Coast Guard considered the environmental impact of the 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 proposal is 
categorically excluded from further environmental documentation. A 
Categorical Exclusion Determination and Environmental Analysis 
Checklist are included in the docket.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Final Regulation

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

PART 165--[AMENDED]

    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 2.46.

    2. A temporary section, 165.T01/021, is added to read as follows:


Sec. 165.T01-021  Safety Zone: USS JOHN F. KENNEDY, Fleet Week 1996, 
Port of New York and New Jersey.

    (a) Location: (1) This moving safety zone includes all waters 
within 500 yards fore and aft and 200 yards on each side of the USS 
JOHN F. KENNEDY 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 (NAD 1983), and Pier 
88, Manhattan, New York, exclusive of the time it is transiting as part 
of the Fleet Week 2996 Parade of Ships.
    (2) This moving safety zone is reduced to a radius of 300 yards 
around the vessel while the vessel is at anchor in Federal Anchorage 
23A on May 22, 1996.
    (b) Effective period. This section is effective on May 22, 1996, 
from 7 a.m. until 1 p.m., and on May 29, 1996, from 7:30 a.m. until 
12:01 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: May 6, 1996.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 96-12257 Filed 5-15-96; 8:45 am]
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