[Federal Register Volume 61, Number 96 (Thursday, May 16, 1996)]
[Rules and Regulations]
[Pages 24699-24701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12259]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD01-96-013]
RIN 2115-AA97


Safety Zone: Fleet Week 1996 Parade of Ships, Port of New York 
and New Jersey

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, for the Fleet Week 1996 Parade of Ships. This moving 
safety zone includes 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.

EFFECTIVE DATE: This rule is effective from 9:45 a.m. to 4:30 p.m. on 
Wednesday, May 22, 1996, unless extended or terminated sooner by the 
Coast Guard Captain of the Port, New York.


[[Page 24700]]


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 naval vessels visiting 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 large naval vessels transiting the Port of New 
York and New Jersey in close proximity.

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 22, 1996. This regulation establishes 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 Bank, 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 radius of each vessel from its turning point 
until it is safety 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 purposes of this expansion is to allow the public an obstructed 
view of the parade from the pierside reviewing stand. This regulation 
is effective from 9:45 a.m. to 4:30 p.m. on May 22, 1996, unless 
extended or terminated sooner by the Coast Guard Captain of the Port, 
New York. 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 safety navigate.

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) for 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 22, 1996. Although there is a 
regular flow or 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 safety 
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 and 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.

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 
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 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.

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 rule 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]

    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.T01-013, is added to read as follows:


Sec. 165.T01-013  Safety Zone: Fleet Week 1996 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 each side of the designated column of parade 
vessels as it transits between the Verrazano Narrows Bridge and the

[[Page 24701]]

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 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) Effective period. This section is effective from 9:45 a.m. to 
4:30 p.m. on May 22, 1996, 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. 96-12259 Filed 5-15-96; 8:45 am]
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