[Federal Register Volume 60, Number 82 (Friday, April 28, 1995)]
[Rules and Regulations]
[Pages 20905-20907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10536]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD01-95-014]
RIN 2115-AA97


Safety Zone: Parade of Ships, 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 temporary safety zone on May 
24, 1995, for the Fleet Week '95 Parade of Ships. A moving safety zone 
is established 500 yards fore and aft, and 200 yards on each side of 
the designated column of vessels in this parade as it transits from the 
Verrazano Narrows Bridge to the George Washington Bridge on the Hudson 
River. As the vessels make their turns and proceed southbound in the 
Hudson River, the moving safety zone continues to encompass all waters 
within a 200 yard radius of each vessel until safely berthed.

EFFECTIVE DATE: This rule is effective from 9:30 a.m. until 4 p.m. on 
Wednesday, May 24, 1995, unless extended or terminated sooner by the 
Coast Guard Captain 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 14246) 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 proposed rule 
stated that the vessel column would transit from the Verrazano Narrows 
Bridge to the waters west of the 79th Street Boat Basin, Manhattan, New 
York. The Coast Guard has since determined that this would not be 
practical due to the assigned mooring and anchoring locations of the 
parade vessels. While the vessel column will transit approximately 
8,300 yards north of the 79th Street Boat Basin, the parameters of the 
moving safety zone [[Page 20906]] around this column remain the same as 
published in the NPRM. The proposed rule also stated that the effective 
period would be from 8:45 a.m. until 3 p.m. Due to a change in the 
arrival time of the last parade vessel, the USS AMERICA, and the 
increase in the length of this parade, the effective period was 
changed.
    The effective period of the safety zone will start at 9:30 a.m. 
instead of 8:45 a.m. and will continue until 4 p.m. instead of 3 p.m. 
The net result is that the effective period is a total of 15 minutes 
longer in duration than originally expected. The impact of these 
changes are minimal. The Captain of the Port, New York is promulgating 
the temporary final rule as proposed with the exception of these 
changes. 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

    On March 1, 1995, the Intrepid Museum Foundation submitted a 
request to hold a parade of U.S. Coast Guard and U.S. and foreign naval 
ships through the Port of New York and New Jersey on May 24, 1995. This 
section will be effective from 9:30 a.m. until 4 p.m. on May 24, 1995, 
unless extended or terminated sooner by the Coast Guard Captain of the 
Port, New York. This section establishes 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 to each side of the designated 
column as it transits north from the Verrazano Narrows Bridge to the 
George Washington Bridge, in the Hudson River. The vessels will then 
proceed to their berths. This section also provides for a moving safety 
zone in all waters within a 200 yard radius around each vessel from the 
time the vessel breaks off from the parade until it is safely moored. 
No vessel will be permitted to enter or move within these safety zones 
unless authorized by the Captain of the Port, New York.
    This section 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 
in order to safely navigate.

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. Therefore, commercial traffic 
should not be significantly delayed. Additionally, recreational traffic 
can transit the river on either side of the safety zone. 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 the previous Fleet Week parades of ships 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 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 parade 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.T01-014 is added to read as follows:


Sec. 165.T01-014  Safety Zone; Parade of Ships, Fleet Week '95, Port of 
New York and New Jersey.

    (a) Location. 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 as 
it transits north from the Verrazano Narrows Bridge to the George 
Washington Bridge on the Hudson River. The moving safety zone continues 
to include 200 yards around each vessel [[Page 20907]] as it breaks 
from the parade formation and transits southbound in the Hudson River 
until safely berthed.
    (b) Effective period. This section is effective from 9:30 a.m. 
until 4 p.m. on May 24, 1995, unless extended or terminated sooner by 
the Captain of the Port, New York.
    (c) Regulations.
    (1) The general regulations contained in 33 C.F.R. 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. 95-10536 Filed 4-27-95; 8:45 am]
BILLING CODE 4910-14-M