[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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