[Federal Register Volume 62, Number 102 (Wednesday, May 28, 1997)]
[Rules and Regulations]
[Pages 28805-28806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13838]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-97-026]
RIN 2115-AA97


Safety Zone: USS WASP, Fleet Week 1997, 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 28, 1997, for the departure of the USS WASP following Fleet Week 
1997. This moving safety zone includes all waters 500 yards fore and 
aft, and 200 yards on each side of the USS WASP as the vessel departs 
the Port of New York and New Jersey.

EFFECTIVE DATE: This regulation is effective on May 28, 1997.

ADDRESSES: Waterways Oversight Branch, Waterways Management Division, 
Coast Guard Activities New York, Bldg 108, Governors Island, New York 
10004-5096.

FOR FURTHER INFORMATION CONTACT: Lieutenant John W. Green, Chief, 
Waterways Oversight 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 departure plans following the USS 
WASP's visit to 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 a large vessel with limited manueverability transisting 
the Port of New York and New Jersey.

Background and Purpose

    The Intrepid Museum Foundation is sponsoring the Fleet Week 1997 
Parade of Ships. The USS WASP has been designated as the Fleet Week 
Flagship and will enter the Port of New York and New Jersey on May 21, 
1997, as a participant in the parade of ships. USS WASP intends to 
depart the Port of New York and New Jersey following the completion of 
Fleet Week 1997 on May 28, 1997. This regulation will be effective 
during the departure of the USS WASP on May 28, 1997. This regulation 
establishes a moving safety zone within 500 yards fore and aft and 200 
yards on each side of the USS WASP as it transits the Port of New York 
and New Jersey between Pier 88, Manhattan, New York, and Ambrose 
Channel Lighted Buoys ``1'' and ``2'', at or near 40 deg.29.6' N 
latitude, 73 deg.55.9' W longitude (NAD 1983). No vessels will be 
permitted to enter or move within this moving safety zone unless 
authorized by the Captain of 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. It provides a clear traffic lane 
in order for the USS WASP to safely navigate to and from its berth.

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) of the regulatory policies and procedures of DOT is 
unnecessary. This moving safety zone will prevent 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 28, 1997. 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; the 
safety zone distances are less than the typical safe passage distances 
appropriate for transit near large vessels and aircraft carriers; 
vessels can transit on either side of the safety zone; and alternate 
routes are available to commercial and recreational vessels that can 
safely transit the Harlem and East Rivers, Kill Van Kull, Arthur Kill, 
and Buttermilk Channel. Similar safety zones have been established in 
the past for the arrival and departure of large naval vessels

[[Page 28806]]

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 mariners can adjust their plans accordingly.

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 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.

Small Entities

    The Coast Guard has considered the economic impact of this rule 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). For the 
reasons discussed in the Regulatory Evaluation section, the Coast Guard 
finds that there will not be a significant impact on small entities.

Environment

    The Coast Guard considered the environmental impact of this 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 safety zone 
is categorically excluded from further environmental documentation.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

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.T01-026 is added to read as follows:


Sec. 165.T01-026  Safety Zone: USS WASP, Fleet Week 1997, 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 on each side of the USS WASP as it 
transits the Port of New York and New Jersey between Pier 88, 
Manhattan, New York, and Ambrose Channel Lighted Buoys ``1'' and ``2'', 
at or near 40 deg.29.6' N latitude, 73 deg.55.9' W longitude (NAD 
1983).
    (b) Effective period. This regulation is effective on May 28, 1997.
    (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 12, 1997.
Richard C. Vlaun,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 97-13838 Filed 5-27-97; 8:45 am]
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