[Federal Register Volume 64, Number 89 (Monday, May 10, 1999)]
[Rules and Regulations]
[Pages 24945-24947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11686]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD1-98-170]
RIN 2121-AA97
Safety Zone; Port of New York/New Jersey Fleet Week
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing five safety zones in New York
Harbor's Upper Bay and the Hudson River that will be activated annually
for the Fleet Week Parade of Ships, for Air and Sea demonstrations, and
for the departure of the participating U.S. Navy Aircraft or Helicopter
Carrier. This action is necessary to provide for the safety of life on
navigable waters during the event. This action is intended to restrict
vessel traffic on a portion of New York Harbor's Upper Bay and the
Hudson River .
DATES: This final rule is effective annually from 8 a.m. on the
Wednesday before Memorial Day until 4 p.m. on the Wednesday following
Memorial Day.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at Coast Guard Activities New York, 212 Coast
Guard Drive, room 205, Staten Island, New York 10305, between 8 a.m.
and 3 p.m., Monday through Friday, except Federal holidays. The
telephone number is (718) 354-4193.
FOR FURTHER INFORMATION CONTACT: Lieutenant J. Lopez, Waterways
Oversight Branch, Coast Guard Activities New York, (718) 354-4193.
SUPPLEMENTARY INFORMATION:
Regulatory History
On February 24, 1999, the Coast Guard published a notice of
proposed rulemaking (NPRM), entitled Safety Zone: Port of New York/New
Jersey Fleet Week in the Federal Register (64 FR 9107). The Coast Guard
received no letters commenting on the proposed rulemaking. No public
hearing was requested, and none was held.
Good cause exists for making this regulation effective less than 30
days after Federal Register publication. Due to the date of publication
for this regulation's NPRM with 60-day comment period, there was
insufficient time to draft and publish the final rule 30 days before
its effective date. Any delay encountered in this regulation's
effective date would be contrary to pubic interest since immediate
action is needed to prevent traffic from transiting a portion of New
York Harbor's Upper Bay and Hudson River and provide for the safety of
life on navigable waters during this annual event. Additionally, the
public was notified of this event when the NPRM was published in the
Local Notice of Mariners on March 2, 1999.
Background and Purpose
The Intrepid Sea, Air and Space Museum, Manhattan, NY, sponsors the
annual Fleet Week Parade of Ships, as well as associated Sea and Air
demonstrations. These events take place annually from the Wednesday
before Memorial Day to the Wednesday following Memorial Day on the
waters of New York Harbor's Upper Bay and the Hudson River. The Coast
Guard expects no more than 500 spectator craft for these events.
Parade of Ships
The Coast Guard is establishing three safety zones for the actual
parade of ships on the Wednesday before Memorial Day. The first zone is
a moving safety zone for the Parade of Ships to include all waters 500
yards ahead and astern, and 200 yards on each side of the designated
column of parade vessels as the column transits the Port of New York
and New Jersey from the Verrazano Narrows Bridge to Riverside State
Park on the Hudson River between West 137th and West 144th Streets,
Manhattan.
The second zone established for the parade of ships expands from
the column of parade vessels east to the Manhattan shoreline between
Piers 83 and 90. This expansion gives the public an unobstructed view
of the parade of ships from the pierside reviewing stand.
The third zone activates as each vessel leaves the parade of ships
and proceeds to its berthing area. The moving safety zone will expand
to include all waters within a 200-yard radius of each vessel until it
is safely berthed.
These three safety zones are effective annually from 8 a.m. until 5
p.m. on the Wednesday before Memorial Day. They are 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 and
the Hudson river in close proximity. These vessels have limited
maneuverability and require a clear traffic lane to safely navigate.
Air and Sea Demonstration
The Coast Guard is establishing a safety zone for the Fleet Week
Sea and Air demonstrations held on and over the Hudson River between
Piers 83 and 90. This safety zone includes all waters of the Hudson
River bound by the following points: from the southeast corner of Pier
90, Manhattan, where it intersects the seawall, west to approximate
position 40 deg.46'10''N 074 deg.00'13''W (NAD 1983), south to
approximate position 40 deg.45'54''N 074 deg.00'25''W (NAD 1983), then
east to the northeast corner of Pier 83 where it intersects the
seawall. This safety zone is effective annually from 10 a.m. until 5
p.m., Friday through Monday, Memorial Day weekend. It is needed to
protect boaters and demonstration participants from the hazards
associated with military personnel demonstrating the capabilities of
aircraft and watercraft in a confined area of the Hudson River. This
safety zone prevents vessels from transiting only a portion of the
Hudson River. Marine traffic will still be able to transit through the
western 600 yards of the 950-yard wide Hudson River during the Sea and
Air demonstrations. Vessels moored at piers within the safety zone,
however, 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. The Captain of the Port does not anticipate
any negative impact on recreational or commercial vessel traffic due to
this safety zone.
U.S. Navy Vessel Departure
Finally, the Coast Guard is establishing a moving safety zone for
the departure of the participating U.S. Navy Aircraft or Helicopter
Carrier in this annual event. This safety zone includes all waters 500
yards ahead and astern, and 200 yards on each side of the vessel as it
transits the Port of New York and New Jersey from its mooring at the
Intrepid Sea, Air and Space Museum, Manhattan, to the COLREGS
Demarcation line at Ambrose Channel Entrance Lighted Bell Buoy 2 (LLNR
34805). The regulation is effective
[[Page 24946]]
annually, on the Wednesday following Memorial Day. Departure time is
dependent on tide, weather, and granting of authority for departure by
the Captain of the Port, New York. The safety zone 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 for the U.S. Navy ship to safely navigate from its berth.
The specific ship which this moving safety zone applies to will be
published in the Local Notice to Mariners and broadcast by maritime
information broadcasts and facsimile prior to the start of Fleet Week
events.
Discussion of Comments and Changes
The Coast Guard received no letters commenting on the proposed
rulemaking. No changes were made to the proposed rule.
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. Although
this regulation prevents traffic from transiting a portion of New York
Harbor's Upper Bay and the Hudson River during the event, the effect of
this regulation will not be significant for the following reasons: the
regulations will be in effect for barely a week a year; the maritime
community will receive extensive advance notice through Local Notices
to Maritimers, facsimile, and marine information broadcasts; Fleet Week
is an annual event with local support; at no time will any of the
affected waterways be entirely closed to marine traffic; alternative
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; and similar safety zones have been established
for several past Fleet Week parades and Sea and Air demonstrations with
minimal or no disruption to vessel traffic or other interests in the
port. These safety zones have been narrowly tailored to impose the
least impact on maritime interests yet provide the level of safety
deemed necessary.
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 stated in the Regulatory Evaluation section above,
the Coast Guard certifies under 5 U.S.C. 605(b) that this final 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.
Unfunded Mandates
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) [Pub.
L. 104-4, 109 Stat. 48] requires Federal agencies to assess the effects
of certain regulatory actions on State, local, and tribal governments,
and the private sector. UMRA requires a written statement of economic
and regulatory alternatives for rules that contain Federal mandates. A
Federal mandate is a new or additional enforceable duty imposed on any
State, local, or tribal government, or the private sector. If any
Federal mandate causes those entities to spend, in the aggregate, $100
million or more in any one year, the UMRA analysis is required. This
final rule does not impose Federal mandates on any State, local, or
tribal governments, or the private sector.
Environment
The Coast Guard considered the environmental impact of this final
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.
Other Executive Orders on the Regulatory Process
In addition to the statutes and Executive Orders already addressed
in this preamble, the Coast Guard considered the following executive
orders in developing this final rule and reached the following
conclusions:
E.O. 12630, Governmental Actions and Interference with
Constitutionally Protected Property Rights. This final rule will not
effect a taking of private property or otherwise have taking
implications under this Order.
E.O. 12875, Enhancing the Intergovernmental Partnership. This final
rule will not impose, on any State, local, or tribal government, a
mandate that is not required by statute and that is not funded by the
Federal government.
E.O. 12988, Civil Justice Reform. This final rule meets applicable
standards in sections 3(a) and 3(b)(2) of this Order to minimize
litigation, eliminate ambiguity, and reduce burden.
E.O. 13045, Protection of Children from Environmental Health Risks
and Safety Risks. This final rule is not an economically significant
rule and does not concern an environmental risk to safety
disproportionately affecting children.
List of Subject in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reports and
recordkeeping requirements, Security measures, Waterways.
Regulation
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR 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),
6.04-6, 160.5; 49 CFR 1.46. Section 165.100 is also issued under
authority of Sec. 311, Pub. L. 105-383.
2. Add Sec. 165.163 to read as follows:
Sec. 165.163 Safety Zones; Port of New York/New Jersey Fleet Week.
(a) The following areas are established as safety zones:
(1) Safety Zone A--(i) Location. A moving safety zone for the
Parade of Ships including all waters 500 yards ahead and astern, and
200 yards of each
[[Page 24947]]
side of the designated column of parade vessels as it transits the Port
of New York and New Jersey from the Verrazano Narrows Bridge to
Riverside State Park on the Hudson River between West 137th and West
144th Streets, Manhattan.
(ii) Enforcement period. Paragraph (a)(1)(i) of this section is
enforced annually from 8 a.m. until 5 p.m. on the Wednesday before
Memorial Day.
(2) Safety Zone B--(i) Location. A safety zone including all waters
of the Hudson River between Piers 83 and 90, Manhattan, from the parade
column east to the Manhattan shoreline.
(ii) Enforcement period. Paragraph (a)(2)(i) of this section is
enforced annually from 8 a.m. until 5 p.m. on the Wednesday before
Memorial Day.
(3) Safety Zone C--
(i) Location. A moving safety zone including all waters of the
Hudson River within a 200-yard radius of each parade vessel upon its
leaving the parade of ships until it is safely berthed.
(ii) Enforcement period. Paragraph (a)(3)(i) of this section is
enforced annually from 8 a.m. until 5 p.m. on the Wednesday before
Memorial Day.
(4) Safety Zone D--
(i) Location. A safety zone including all waters of the Hudson
River bound by the following points: from the southeast corner of Pier
90, Manhattan, where it intersects the seawall, west to approximate
position 40 deg.46'10''N 074 deg.00'13''W (NAD 1983), south to
approximate position 40 deg.45'54''N 074 deg.00'25''W (NAD 1983), then
east to the northeast corner of Pier 83 where it intersects the
seawall.
(ii) Enforcement period. Paragraph (a)(4)(i) of this section is
enforced annually from 10 a.m. until 5 p.m., from Friday through
Monday, Memorial Day weekend.
(5) Safety Zone E--
(i) Location. A moving safety zone including all waters 500 yards
ahead and astern, and 200 yards on each side of the departing U.S. Navy
Aircraft or Helicopter Carrier as it transits the Port of New York and
New Jersey from its mooring at the Intrepid Sea, Air and Space Museum,
Manhattan, to the COLREGS Demarcation line at Ambrose Channel Entrance
Lighted Bell Buoy 2 (LLNR 34805).
(ii) Enforcement period. Paragraph (a)(5)(i) of this section is
enforced annually on the Wednesday following Memorial Day. Departure
time is dependent on tide, weather, and granting of authority for
departure by the Captain of the Port, New York.
(b) Effective period. This section is effective annually from 8
a.m. on the Wednesday before Memorial Day until 4 p.m. on the Wednesday
following Memorial Day.
(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. these personnel comprise commissioned, warrant, and petty
officers of the Coast Guard. Upon being hailed by a U. S. Coast Guard
vessel by siren, radio, flashing light, or other means, the operator of
a vessel shall proceed as directed.
Dated: April 29, 1999.
L.M. Brooks,
Captain, U. S. Coast Guard, Acting Captain of the Port, New York.
[FR Doc. 99-11686 Filed 5-7-99; 8:45 am]
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