[Federal Register Volume 60, Number 82 (Friday, April 28, 1995)]
[Rules and Regulations]
[Pages 20907-20908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10535]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[Docket No. 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: Final rule.

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SUMMARY: The Coast Guard is establishing a 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 is 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 at Pier 88, Manhattan, on the Hudson 
River.

EFFECTIVE DATE: This rule 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 Captian of the Port, New York.

FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) K. Messenger, Maritime Planning Staff Chief, 
Coast Guard Group, New York, (212) 668-7934.

SUPPLEMENTARY INFORMATION:

    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.

Regulatory History

    On March 16, 1995, the Coast Guard published a notice of proposed 
rulemaking (NPRM) in the Federal Register (60 FR 14242) concerning this 
regulatory action. Interested persons were requested to submit comments 
on or before April 17, 1995. No comments were received. A public 
hearing was not requested and one was not held. The NPRM stated that 
the safety zone would be in effect while the USS AMERICA transited to 
and from its berth at an unknown location. This location is now known 
to be Pier 88, Manhattan, in the Hudson River. The Coast Guard is 
promulgating this final rule as proposed with the exception of this 
addition. Good cause exists for making this regulation effective less 
than 30 days after Federal Register publication. Due to the NPRM 
comment period deemed necessary to give the public adequate notice, 
there was insufficient time to publish this temporary final rule 30 
days prior to the event. The delay that would be encountered to allow 
for a 30 day publication period would cause the cancellation of this 
event.
    Cancellation of this event is contrary to the public interest.

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 
is effective during the arrival and departure of the USS AMERICA on May 
24, 1995, from 9:15 a.m. until 3:00 p.m., and on May 31, 1995, from 
7:30 a.m. until 1:00 p.m. unless extended or terminated sooner by the 
Coast Guard Captain of the Port, New York. The regulation establishes 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 at 
Pier 88, Manhattan, on the Hudson River. No vessels are 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 regulation 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 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 regulation to be so minimal that a full 
Regulatory Evaluation under paragraph 10(e) of the regulatory policies 
and procedures of DOT is unnecessary. 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. 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 or on other major 
waterways within the port. Alternate routes are also available to 
commercial and recreational vessel 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 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 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 regulation [[Page 20908]] 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 regulation will not have a 
significant economic impact on a substantial number of small entities.

Collection of Information

    This regulation 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 regulation 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 
regulation and concluded that under section 2.B.2.e. of Commandant 
Instruction M16475.1B, revised 59 FR 38654, July 29, 1994, the 
promulgation of this regulation is categorically excluded from further 
environmental documentation. A Categorical Exclusion Determination and 
Environmental Analysis Checklist are included in the docket. An 
appropriate environmental analysis of the transit under the National 
Environmental Policy Act will be conducted in conjunction with the 
marine event permitting process.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Vessels, 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 Sec. 165.T01-023 is added to read as follows:


Sec. 165.T01-023  Safety Zone; 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 at Pier 88, Manhattan, on the 
Hudson River.
    (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) 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: April 20, 1995.
J. Rutkovsky,
Commander, U.S. Coast Guard, Captain of the Port, New York, Acting.
[FR Doc. 95-10535 Filed 4-27-95; 8:45 am]
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