[Federal Register Volume 59, Number 61 (Wednesday, March 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7540]


[[Page Unknown]]

[Federal Register: March 30, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD01-94-008]
RIN 2115-AA97

 

Safety Zone; Parade of Ships, Convoy '94, Port of NY and NJ

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 2, 1994, and May 5, 1994, to protect the boating public from the 
possible hazards to navigation associated with a parade of vessels 
transiting the Upper and Lower New York Bays, and Hudson River in close 
proximity to each other. If adopted, a moving safety zone will be 
established 500 yards fore and aft, and 200 yards on either side of the 
designated column of vessels in the parade route as it enters the Port 
of New York and New Jersey via the Upper and Lower New York Bays and 
the Hudson River between Ambrose and the Passenger Ship Terminal, Pier 
88 South, Manhattan; and again as the parade departs the Port of New 
York and New Jersey via the Hudson River and the Upper and Lower New 
York Bays between the Battery and Ambrose. As the vessels proceed to 
and leave from their berths, the moving safety zone will be expanded to 
encompass all waters within a 200 yard radius of each vessel. This 
regulation will be in effect from 9 a.m. until 3 p.m. on Monday, May 2, 
1994, and again from 9 a.m. until 3 p.m. on May 5, 1994, unless 
terminated sooner by the Coast Guard Captain of the Port, New York.

DATES: Comments must be received on or before May 31, 1994.

ADDRESSES: Comments should be mailed to Captain of the Port, New York, 
Bldg. 108, Governors Island, New York 10004-5096, or may be delivered 
to the Waterways Management Branch, Bldg. 108, between 8 a.m. and 4:30 
p.m., Monday through Friday, except Federal holidays.
    Any person wishing to visit the office must contact the Waterways 
Management Branch at (212) 668-7933 to obtain advance clearance due to 
the fact that Governors Island is a military installation with limited 
access.

FOR FURTHER INFORMATION CONTACT:
Lt. R. Trabocchi, Project Manager, Captain of the Port, New York, (212) 
668-7933.

SUPPLEMENTARY INFORMATION:

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 (CGD01-94-008) 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 LT R. Trabocchi, Project Manager, 
Captain of the Port, New York, and CDR J. Astley, Project Attorney, 
First Coast Guard District, Legal Office.

Background and Purpose

    On January 13, 1994, the Coast Guard attended a meeting held by the 
sponsor to discuss the times and dates for this marine event.
    This regulation is required to protect the maritime public from 
possible hazards to navigation associated with a parade of vessels 
transiting the waters of New York Harbor in close proximity. These 
vessels will be transiting with limited maneuverability and therefore 
require a clear traffic lane in order to safely navigate to their 
parade destination and then to their berth.

Discussion of Proposed Amendments

    The Coast Guard proposes to 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 either side of the designated 
column as it enters the Port of New York and New Jersey via the Upper 
and Lower New York Bays and the Hudson River between Ambrose and the 
Passenger Ship Terminal, Pier 88 South, Manhattan; and again as the 
parade departs the Port of New York and New Jersey via the Hudson River 
and the Upper and Lower New York Bays between the Battery and Ambrose. 
As each vessel proceeds to and leaves from its berth, the moving safety 
zone will be expanded to encompass all waters within a 200 yard radius 
of each vessel. If adopted, this safety zone will be in effect from 9 
a.m. until 3 p.m. on May 2, 1994, and again from 9 a.m. until 3 p.m. on 
May 5, 1994, unless terminated sooner by the Coast Guard Captain of the 
Port, New York. This closure is needed to protect the boating public 
from the possible hazards to navigation associated with a parade of 
vessels transiting the waters of New York Harbor in close proximity. No 
vessel will be permitted to enter or move within this safety zone 
unless authorized by the Coast Guard Captain of the Port, New York.

Regulatory Evaluation

    This proposal is not considered a significant regulatory action 
under Executive Order 12866 and is not significant under Department of 
Transportation Regulatory Policies and Procedures (44 FR 11034 February 
26, 1979). Though 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 which in turn should not significantly delay commercial 
traffic. Additionally, recreational traffic can transit the river on 
either side of the safety zone or use the East River, Kill Van Kull, or 
Arthur Kill as an alternate route. Similar safety zones have been 
established for the last few annual Fleet Week parades of ships with 
minimal or no disruption to vessel traffic or other interests in the 
port. For all of the above reasons, as well as the fact that extensive 
advisories will be made to the affected maritime community so that they 
may adjust their plans accordingly, 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 regulation to be minimal. The Coast Guard 
certifies under 5 U.S.C. 605(b) that this proposal, if adopted, 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 these 
regulations and concluded that under section 2.B.2.c. of Commandant 
Instruction M16475.1B, it is an action under the Coast Guard's 
statutory authority to promote maritime safety and protect the 
environment, and thus is categorically excluded from further 
environmental documentation. A Categorical Exclusion Determination will 
be included in the docket.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, 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 Sec. 165.T01-008 is added to read as follows:


Sec. 165.T01-008  Parade of Ships, Convoy '94, Port of New York and New 
Jersey.

    (a) Location. A moving safety zone is established including all 
waters within 500 yards forward of the lead parade vessel, 500 yards 
aft of the last parade vessel, and 200 yards either side of the 
designated column as it transits the waters of the Port of New York and 
New Jersey via the Upper and Lower New York Bays and the Hudson River 
between Ambrose and the Passenger Ship Terminal, Pier 88 South, 
Manhattan. The zone also encompasses all waters within a 200 yard 
radius of each vessel as it proceeds to and leaves from its berth.
    (b) Effective period. This section is effective from 9 a.m. until 3 
p.m. on May 2, 1994, and again from 9 a.m. until 3 p.m. on May 5, 1994, 
unless 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. Coast Guard 
Auxiliary members may be present to inform vessel operators of this 
regulation and other applicable laws.

    Dated: March 2, 1994.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 94-7540 Filed 3-29-94; 8:45 am]
BILLING CODE 4910-14-M