[Federal Register Volume 63, Number 81 (Tuesday, April 28, 1998)]
[Rules and Regulations]
[Pages 23216-23217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11227]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-98-026]
RIN 2115-AA97


Safety Zone: Fleet Week 1998 Parade of Ships, 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 temporary safety zones for the 
Fleet Week 1998 Parade of Ships. A moving safety zone includes all 
waters 500 yards ahead and astern, and 200 yards on each side of the 
designated column of parade vessels as it transits New York Harbor's 
Upper Bay and the Hudson River, from the Verrazano Bridge to the George 
Washington Bridge. This action is necessary to prevent vessels from 
impeding the parade column and keep traffic to the western side of the 
Hudson River.

DATES: This rule is effective from 9 a.m. to 4 p.m. on Wednesday, May 
20, 1998, unless terminated sooner by the Captain of the Port, New 
York.

ADDRESSES: You may mail comments to the Commander (wob) (CGD01-98-026), 
Coast Guard Activities New York, 212 Coast Guard Drive, Staten Island, 
New York 10305-5005; or deliver them to room 205 at the same address 
between 8 a.m. and 3 p.m., Monday through Friday, except federal 
holidays. The Waterways Oversight Branch (wob) of Coast Guard 
Activities New York maintains the public docket for this rulemaking. 
Comments and documents as indicated in this preamble will become part 
of this docket and will be available for inspection or copying at the 
same location, dates, and times listed above.

FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) A. Kenneally, Waterways Oversight Branch, 
Coast Guard Activities New York, at (718) 354-4195.

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 
accurate information concerning any pre-parade events and times became 
available, as well as a change in the personnel handling the event 
particulars, there was insufficient time to draft and publish an NPRM. 
Any delay encountered in this rule's effective date would be contrary 
to public interest, since immediate action is needed to protect the 
visiting vessels from being hazarded by smaller, privately-owned 
vessels while the larger vessels are in formation.

Background and Purpose

    In mid-February, the Intrepid Museum Foundation submitted an 
Application for Approval of Marine Event to sponsor a parade of U.S. 
Coast Guard, U. S. Navy, and foreign naval ships through the Port of 
New York and New Jersey. This regulation establishes a moving safety 
zone to include all waters 500 yards ahead and astern, and 200 yards on 
each side of the designated column of parade vessels as it transits the 
Port of New York and New Jersey from the Verrazano Narrows Bridge 
through the waters of the Hudson River to Riverbank State Park, between 
West 137th and West 144th Streets, Manhattan, New York. The zone will 
expand beyond the parade vessel column east to the Manhattan shoreline 
between Piers 84 and 88, Manhattan, New York, as the column passes by 
that area. This expansion will give the public an unobstructed view of 
the parade from the pierside reviewing stand. Then, as the vessels turn 
in the waters west of Riverbank State Park and proceed southbound in 
the Hudson River, the moving safety zone will expand to include all 
waters within a 200 yard radius of each vessel from its turning point 
until it is safely berthed. This regulation is in effect from 9:00 a.m. 
to 4:00 p.m. on May 20, 1998, unless extended or terminated sooner by 
the Coast Guard Captain of the Port, New York.
    This regulation 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 to safely navigate.

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 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 
rule to be so minimal that a full Regulatory Evaluation under paragraph 
10(e) of the regulatory policies and procedures of DOT is unnecessary. 
This finding is based on the following: due to the moving nature of the 
safety zone, no single location will be affected for a prolonged period 
of time; commercial and recreational vessels could transit on either 
side of the moving safety zone except along the Manhattan side between 
Piers 84 and 88 as the parade passes by that area; and alternate routes 
are available for commercial and recreational vessels that can safely 
navigate the Harlem and East Rivers, Kill Van Kull, Arthur Kill, and 
Buttermilk Channel. Similar safety zones have been established for 
several past Fleet Week parades of ships with minimal or no disruption 
to vessel traffic or other interests in the port. In addition, 
extensive, advance notifications will be made to the maritime community 
so mariners can adjust their plans accordingly.

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 impact on a substantial number of small entities. ``Small 
entities'' include small businesses, not-for-profit organizations that 
are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations less than 
50,000.
    For the reasons set forth in the Regulatory Evaluation section, the 
Coast Guard expects the impact of this proposal to be minimal. In 
addition,

[[Page 23217]]

similar safety zones have been established for several past Fleet Week 
parades of ships with minimal or no disruption to vessel traffic or 
other interests in the port. The Coast Guard certifies under 5 U.S.C. 
605(b) that this rule will not have a significant economic impact on a 
substantial number of small entities. If, however, you think that your 
business or organization qualifies as a small entity and that this rule 
will have a significant economic impact on it, please submit a comment 
explaining why you think it qualifies, and in what way and to what 
degree this rule will adversely affect it.

Collection of Information

    This final rule does not provide for a collection-of-information 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this rule in accordance with the 
principles and criterion contained in Executive Order 12612 and has 
determined that this regulation does not have sufficient implications 
for federalism to warrant the preparation of a Federalism Assessment.

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 rule is 
categorically excluded from further environmental documentation. A 
``Categorical Exclusion Determination'' is available in the docket for 
inspection or copying where indicated under ADDRESSES.

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: Fleet Week 1998 Parade of Ships, Port of 
New York and New Jersey.

    (a) Location. The following are safety zones:
    (1) A moving safety zone including all waters 500 yards ahead and 
astern, and 200 yards on each side of the designated column of parade 
vessels as it transits from the Verrazano Narrows Bridge through the 
waters of the Hudson River to Riverbank State Park, between West 137th 
and West 144th Streets, Manhattan, New York.
    (2) A safety zone including all waters of the Hudson River between 
Piers 84 and 88, Manhattan, New York, from the parade column east to 
the Manhattan shoreline as the column passes by that area.
    (3) A moving safety zone including all waters within a 200 yard 
radius of each parade vessels from its turning point near Riverbank 
State Park until the vessel is safely berthed.
    (b) Effective period. This section is effective from 9 a.m. to 4 
p.m. on May 20, 1998.
    (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 13, 1998.
L.M. Brooks,
Captain, U.S. Coast Guard, Captain of the Port, New York, Acting.
[FR Doc. 98-11227 Filed 4-27-98; 8:45 am]
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