[Federal Register Volume 59, Number 96 (Thursday, May 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11984]


[[Page Unknown]]

[Federal Register: May 19, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD01-94-023]
RIN 2115-AE84

 

Regulated Navigation Area: Heli-Carriers International, Upper New 
York Bay, 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 Regulated Navigation 
Area (RNA) in a portion of Upper New York Bay. Heli-Carriers 
International intends to anchor a self-propelled, floating heliport in 
the waters of Upper New York Bay located in an area south southwest of 
Liberty Island and west of Federal Anchorage 20D for the purpose of 
operating a helicopter sightseeing service. This regulation is 
necessary to protect commercial mariners and the recreational boating 
public from the hazards associated with establishing a floating 
helicopter platform and passenger terminal near an anchorage area.

DATES: Comments must be received on or before July 18, 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 (CGD01-94-023) and the specific section of the 
proposal to which their comments apply, and give reasons for each 
comment. Persons wanting acknowledgement 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 and may change this proposal in view of the comments. 
The Coast Guard plans no public hearing; however, a public hearing may 
be requested by any interested person by writing to the Project Manager 
at the address under ADDRESSES. If it is determined that the 
opportunity for oral presentations at a public meeting will aid this 
rulemaking, the Coast Guard will hold such 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 February 24, 1994, Heli-Carriers International (herein ``Heli-
Carriers'') received official notification that they were awarded a 
concession agreement (herein ``the Agreement'') from the State of New 
Jersey, Department of Environmental Protection and Energy (herein ``the 
Department'') to operate a water taxi service that would transport 
persons from Liberty State Park, Hudson County, New Jersey, to a 
helicopter sightseeing service located on the waters of Upper New York 
Bay. The execution of the Agreement is dependent upon Heli-Carriers' 
submittal to the Department of proof of all license(s), permit(s), and 
approvals from the State of New Jersey, Federal Government (including 
the Federal Aviation Administration), and U.S. Coast Guard. The 
Agreement is expected to be immediately executed upon receipt of those 
submittals and will be effective from the effective date of the 
Agreement until December 31, 1994, with four (4), one (1) year 
opportunities for renewal.
    Upon execution of the Agreement, Heli-Carrier will operate (1) a 
water taxi from the boat launch located at the southside boat dock at 
Liberty State Park and, (2) a helicopter sightseeing service from a 
self-propelled, floating heliport (herein ``heliport'') anchored within 
a 50 yard radius centered at approximately 40 deg.40'52'' N latitude 
and 074 deg.03'29'' W longitude in Upper New York Bay. This 50 yard 
radius is the heliport's anchoring zone. The heliport will be a Coast 
Guard inspected, steel-hulled vessel constructed with a helicopter 
platform.
    This heliport will serve as the landing and takeoff platform for 
helicopters providing aerial tours around New York harbor and the 
Statute of Liberty to tourists who visit Liberty State Park. Visitors 
who are interested in aerial tours would be transported by Heli-
Carriers' water taxi from Liberty State Park to the heliport.
    Heli-Carriers will operate this water taxi and helicopter 
sightseeing service daily from 10 a.m. to sunset, weather permitting.
    In order to provide for the safe navigation of commercial mariners 
and the recreational boating public as well as the safe operation of 
this helicopter sightseeing service, the Captain of the Port of New 
York deems a regulated navigation area to be necessary.

Discussion of Proposed Amendments

    The Coast Guard proposes to establish a regulated navigation area 
in Upper New York Bay for the operations of this helicopter sightseeing 
service. The regulated navigation area will prohibit all vessel traffic 
within defined boundaries during specified times except for the water 
taxis operating in conjunction with the heliport. The water taxis 
serving the heliport may enter and transit freely within the regulated 
navigation area at anytime except while a helicopter is landing on or 
taking off from the heliport.
    The area proposed for designation as a regulated navigation area is 
located in the waters south southwest of Liberty Island and west of 
Federal Anchorage 20D in Upper New York Bay. This regulated navigation 
area will include all waters within a 150 yard radius measured from a 
point in the center of the heliport's anchoring zone at or near 
40 deg.10'52''N latitude and 074 deg.03'29''W longitude. This 150 yard 
radius or regulated navigation area is located approximately 650 yards 
west of Federal Anchorage 20D and 1,450 yards south of the Statue of 
Liberty. Two channels, Pierhead and Terminal Channels, are located 
approximately 350 yards and 475 yards, respectively, south southwest of 
the proposed regulated navigation area. Vessel traffic in these 
channels consists primarily of tugs and tows. This proposed regulated 
navigation area is also in the vicinity of two foul areas; one located 
to the north and the other located to the east.
    The Coast Guard deems this regulated navigation area necessary to 
ensure the safety of vessel traffic that may desire to transit the 
area. The regulated navigation area encompasses the 50 yard radius 
identified as the heliport's anchoring zone and an additional 100 yard 
radius around this anchoring zone. The 100 yard radius is the minimum 
distance deemed necessary to protect transiting vessel traffic in the 
event of an unforeseen mishap aboard or near the heliport. Helicopter 
flights are expected to occur frequently throughout each operating day; 
the exact number of flights will be determined by customer demand and 
the length of sightseeing tours chosen.
    During a helicopter landing or takeoff from the heliport, the water 
taxis must remain outside a 200 foot radius measured around the 
heliport. This 200 foot radius is needed to ensure the safety of the 
water taxis during landing and takeoff operations. It allows for the 
helicopter pilot and heliport operator to concentrate solely on landing 
and takeoff operations without the distraction of an approaching 
vessel.
    Due to the fact that Heli-Carriers operates both the heliport and 
the water taxis, safety concerns for the water taxis are different than 
they are for other vessel traffic. Operators of the water taxis and the 
heliport can maintain a level of communication which will allow for the 
passing of maneuvering intentions, exchange of schedule and flight 
pattern changes, and the passing of any other information that may be 
necessary to ensure the safety of the water taxi and its passengers 
within the regulated navigation area. This level of communication 
cannot be maintained with other vessel traffic that may desire to 
transit the area. Therefore, while the 200 foot radius during the 
landing and takeoff of a helicopter is deemed sufficient for the safety 
of the water taxis, the 150 yard radius identified as the regulated 
navigation area is necessary for the safety of all other vessel 
traffic.
    Restrictions on vessel movement and operation within this proposed 
regulated navigation area will be lifted during those hours that the 
helicopter sightseeing service is scheduled not to operate. During 
these hours, daily from sunset to 10 a.m., commercial and recreational 
vessels that can safely transit the waters within the regulated 
navigation area may do so without restriction.
    Heli-Carriers has indicated that their start up operations will not 
include aircraft re-fueling operations aboard the heliport. Heli-
Carriers may, however, choose to exercise their option to conduct 
aircraft re-fueling operations aboard the heliport sometime in the 
future. Should Heli-Carriers opt to conduct re-fueling operations 
within this regulated navigation area, the Coast Guard will reevaluate 
their operations and the sufficiency of this regulated navigation area.
    Nothing in this regulated navigation area relieves Heli-Carriers 
from complying with all Federal, State, and local regulations that 
pertain to this heliport operation.
    Establishment of this regulated navigation area will not endanger 
commercial traffic. No navigable channel in the vicinity of this 
regulated navigation area will be affected. Vessel traffic will find it 
necessary to transit around this regulated navigation area when going 
to and from Liberty State Park, New Jersey, in a southerly direction. 
The vessel traffic that transits this area consists primarily of 
commercial dinner cruise boats in the early evening hours and a number 
of small fishing crafts throughout the day. However, there are ample 
waters which will allow vessel traffic to safely transit around this 
regulated navigation area.
    Although the effective period of this regulation is scheduled to 
terminate concurrently with the Agreement on December 31, 1994, it may 
be amended to remain in effect during subsequent Agreement renewals.

Regulatory Evaluation

    These regulations are not significant under Executive Order 12866 
and not significant under Department of Transportation Regulatory 
Policies and Procedures (44 FR 11040, February 26, 1979). Due to the 
fact that the proposed regulated navigation area is not known to be 
heavily used by commercial or recreational traffic and that there are 
sufficient waters to allow vessel traffic to safely maneuver around 
this area, the Coast Guard expects the economic impact of this 
regulation 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. Section 165.175 will be added to read as follows:


Sec. 165.175  Heli-Carriers International, Upper New York Bay, New York 
and New Jersey.

    (a) Location. The regulated navigation area includes all waters of 
Upper New York Bay within a 150 yard radius of the heliport anchored in 
an area south southwest of Liberty Island and west of Federal Anchorage 
20D at or near 40 deg.40'52'' N latitude and 074 deg.03'29'' W 
longitude.
    (b) Effective period. This section will be effective on July 25, 
1994 and will remain in effect until December 31, 1998, unless 
terminated sooner by the Captain of the Port, New York.
    (c) Regulations. (1) Heliport anchoring area. The heliport may not 
anchor outside a 50 yard radius identified as an anchoring zone 
centered at approximately 40 deg.40'52'' N latitude and 074 deg.03'29'' 
W within the regulated navigation area.
    (2) Operating times. The heliport and water taxis may operate 
within the zone only between the hours of 10 a.m. and sunset, daily, 
weather permitting.
    (3) Operation of water taxis. Water taxis operating in conjunction 
with the heliport may transit freely within the regulated navigation 
area at all times but must remain a minimum of 200 feet from the 
heliport during the landing or takeoff of a helicopter.
    (4) Control of operations and vessels within the regulated 
navigation area. (i) Except for the heliport and water taxis operating 
in conjunction with the heliport, no vessel may enter, transit, or 
remain in the regulated navigation area daily between the hours of 10 
a.m. and sunset during the effective period of this section, except 
when expressly permitted by the Captain of the Port. Vessels may enter, 
transit, or remain in the regulated navigation area daily between the 
hours of sunset and 10 a.m. without any restriction. The general 
regulations contained in 33 CFR 165.13 apply to this regulated 
navigation area.
    (ii) When necessary, in the interest of safety by reason of 
weather, visibility, port congestion, vessel conditions, sea 
conditions, or other hazardous circumstances, the Captain of the Port 
may direct the operation of the water taxis or heliport or issue orders 
to anchor these vessels in a certain manner.
    (iii) A licensed officer shall remain in the pilothouse of the 
heliport during the embarking and disembarking of passengers and the 
landing and takeoff of helicopters, and shall ensure that the heliport 
is capable of getting underway immediately.
    (iv) A licensed officer shall remain in the pilothouse of the water 
taxi at all times while underway and during the embarking and 
disembarking of passengers, and shall ensure that the water taxis is 
capable of getting underway immediately.
    (v) No refueling of vessels or helicopters is authorized within the 
regulated navigation area.
    (vi) The licensed officers of the heliport and associated water 
taxis operating within the regulated navigation area shall comply with 
any orders or directions issued to the licensed officers, the water 
taxis, or the heliport by the Captain of the Port.

    Dated: May 3, 1994.
K.W. Thompson,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 94-11984 Filed 5-18-94; 8:45 am]
BILLING CODE 4910-14-M