[Federal Register Volume 63, Number 98 (Thursday, May 21, 1998)]
[Rules and Regulations]
[Pages 27852-27853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13580]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-98-041]
RIN 2121-AA97


Safety Zone; Fleet Week Air/Sea Demonstrations, Hudson River, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
Hudson River, rectangular in shape, perpendicular to the USS INTREPID, 
for air/sea demonstrations. The safety zone is in effect from 10:30 
a.m. until 12:30 p.m. on May 22, 23, and 24, and from 2:30 p.m. until 
4:30 p.m. on May 22, 23, 24 and 25, 1998. This action is necessary to 
provide for the safety of life on navigable waters in the event of 
aircraft problems developing during the demonstrations. It is intended 
to restrict vessel traffic in the Hudson River.

DATES: This rule is effective from 10:30 a.m. until 12:30 p.m. on May 
22, 23, and 24, and from 2:30 p.m. until 4:30 p.m. on May 22, 23, 24 
and 25, 1998.

ADDRESSES: Comments may be mailed to Commander (wob) (CGD01-98-041), 
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 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 in room 205 at 
the same address between 8 a.m. and 3 p.m., Monday through Friday, 
except federal holidays.

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 
conclusive information for these events was received, there was 
insufficient time to draft and publish an NPRM. Any delay encountered 
in this regulation's effective date would be contrary to public 
interest since immediate action is needed to close a portion of the 
waterway and protect the maritime public from the hazards associated 
with these air/sea demonstrations, which are intended for public 
entertainment.

Background and Purpose

    The U.S. Marine Corps, Navy, and Coast Guard hold joint air/sea 
demonstrations in and over the Hudson River in the vicinity of the USS 
INTREPID Museum as a part of Fleet Week festivities. This regulation 
establishes a safety zone which includes those waters of the Hudson 
River bound by the following points: from the southeast corner of Pier 
90, Manhattan, where it intersects the seawall, outbound to a position 
at 40 deg.46'10''N latitude, 074 deg.00'13''W longitude (NAD 1983), 
south to a point at 40 deg.45'54''N, 074 deg.00'24''W (NAD 1983), then 
inbound to the northeast corner of Pier 83 where it intersects the 
seawall. The safety zone is in effect from 10:30 a.m. until 12:30 p.m. 
on May 22, 23, and 24, and from 2:30 p.m. until 4:30 p.m. on May 22, 
23, 24 and 25, 1998. The safety zone prevents vessels from transiting 
this portion of the Hudson River and is needed to protect commercial 
and recreational traffic from the hazards associated with the 
turbulence generated by vertical take-off aircraft. Vessels moored at 
piers within the safety zone may remain moored for the duration of the 
safety zone; however, they will not be allowed to transit from their 
moorings without permission from the Captain of the Port, New York, 
during the effective periods of the safety zone.

Regulatory Evaluation

    This final 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 final rule to be so minimal that a full Regulatory 
Evaluation under paragraph 10e of the regulatory policies and 
procedures of DOT is unnecessary. This finding is based on the 
following: commercial and recreational vessels navigating the Hudson 
River can alter their route west of the affected area, commercial 
ferries will be allowed to transit to and from

[[Page 27853]]

their berths at Pier 83, Manhattan during the demonstration at the 
discretion of the Captain of the Port, and the extensive, advance 
notifications which will be made.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this rule will have a significant 
economic 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 of less than 
50,000.
    For the reasons discussed in the Regulatory Evaluation section 
above, the Coast Guard certified under section 605(b) of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) that this rule will not have a 
significant economic impact on a substantial number of small entities.

Collection of Information

    This final rule does not provide for a collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this final rule under the principles 
and criteria contained in Executive Order 12612, and has determined 
that this final rule 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 Figure 2-1, paragraph 34(g), of Commandant 
Instruction M16475.1C, this final 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 the reasons discussed 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. Add temporary section 165.T01-041 to read as follows:


Sec. 165.T01-041  Safety Zone; Fleet Week Air/Sea Demonstrations, 
Hudson River, New York.

    (a) Location. The following area is a safety zone: those waters of 
the Hudson River bound by the following points: from the southeast 
corner of Pier 90, Manhattan, where it intersects the seawall, outbound 
to a position at 40 deg.46'10'' N latitude, 074 deg.100'13'' W 
longitude (NAD 1983), south to a point at or near 40 deg.45'54'' N 
latitude, 074 deg.00'24'' W longitude (NAD 1983), then inbound to the 
northeast corner of Pier 83, Manhattan, where it intersects the 
seawall.
    (b) Effective period. This section is in effect from 10:30 a.m. 
until 12:30 p.m. on May 22, 23, and 24, and from 2:30 p.m. until 4:30 
p.m. on May 22, 23, 24 and 25, 1998.
    (c) Regulations.
    (1) The general regulations contained in 33 CFR 165.23 apply.
    (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 15, 1998.
Richard C. Vlaun,
Captain, U.S. Coast Guard Captain of the Port, New York.
[FR Doc. 98-13580 Filed 5-18-98; 4:49 pm]
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