[Federal Register Volume 65, Number 25 (Monday, February 7, 2000)]
[Proposed Rules]
[Pages 5833-5844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2245]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 100, 110 and 165

[CGD01-99-050]
RIN 2115-AA97, AA98, AE46


Temporary Regulations: OPSAIL 2000/International Naval Review 
2000 (INR 2000), Port of New York/New Jersey

AGENCY:  Coast Guard, DOT.

ACTION:  Notice of proposed rulemaking.

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SUMMARY:  The Coast Guard proposes to establish temporary regulations 
in New York Harbor, Sandy Hook Bay, the Hudson and East Rivers, and the 
Kill Van Kull for OPSAIL 2000/INR 2000 activities. This action is 
necessary to provide for the safety of life on navigable waters during 
OPSAIL 2000/INR 2000. This action is intended to restrict vessel 
traffic in portions of New York Harbor, Sandy Hook Bay, the Hudson and 
East Rivers, and the Kill Van Kull.

DATES:  Comments and related material must reach the Coast Guard on or 
before March 23, 2000.

ADDRESSES:  You may mail comments and related material to the Waterways 
Oversight Branch (CGD01-99-050), Coast Guard Activities New York, 212 
Coast Guard Drive, Staten Island, New York 10305, or deliver them to 
room 203 at the same address. Coast Guard Activities New York maintains 
the public docket for this rulemaking. Comments and material received 
from the public, as well as documents indicated in this preamble as 
being available in the docket, will become part of this docket and will 
be available for inspection or copying at room 205, the Waterways 
Oversight Branch of Coast Guard Activities New York, between 8 a.m., 
e.s.t. and 3 p.m., e.s.t. Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT:  Lieutenant J. Lopez, Waterways 
Oversight Branch, Coast Guard Activities New York (718) 354-4193.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD01-99-
050), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
81/2 by 11 inches, suitable for copying. If you would like to know they 
reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the Waterways Oversight Branch of 
Coast Guard Activities New York at the address under ADDRESSES 
explaining why one would be beneficial. If we determine that one would 
aid this rulemaking, we will hold one at a time and place announced by 
a later notice in the Federal Register.

[[Page 5834]]

Background and Purpose

    The proposed temporary regulations are for OPSAIL 2000/INR 2000 
events held on New York Harbor, Sandy Hook Bay, the Hudson and East 
Rivers, and the Kill Van Kull. These events will be held from July 2--
10, 2000. This rule is proposed to provide for the safety of life on 
navigable waters and to protect the U.S. Navy vessels and Port of New 
York and New Jersey during these events.

Discussion of Proposed Rule

    The U.S. Navy is sponsoring the International Naval Review.
    This event will consist of the anchoring of approximately 50 US and 
foreign naval vessels in line between the Verrazano-Narrows Bridge and 
the George Washington Bridge. A high level U.S. dignitary will transit 
aboard a U.S. Navy vessel along this line as a ceremonial review. 
Operation Sail, Inc. is sponsoring the seventh OPSAIL Parade of Tall 
Ships, as well as a fireworks display co-sponsored by Macy's Inc. 
Operation Sail will consist of a parade of sailing vessels from the 
Verrazano-Narrows Bridge north past a reviewing stand aboard the USS 
JOHN F. KENNEDY (CV-67) anchored in Federal Anchorage 21B in Upper New 
York Bay. This parade will continue north to the George Washington 
Bridge where these vessels will turn south and go to berth throughout 
the Port of New York and New Jersey. These events are scheduled to take 
place on July 4, 2000, in the Port of New York/New Jersey, on the 
waters of New York Harbor, Sandy Hook Bay, the Hudson and East Rivers, 
and the Kill Van Kull. The Coast Guard expects a minimum of 40,000 
spectator craft for these events. The proposed regulations create 
temporary anchorage regulations, vessel movement controls, and two 
security zones. The regulations will be in effect at various times in 
the Port of New York and New Jersey during the period June 29, 2000 
through July 5, 2000. The vessel congestion due to the large number of 
participating and spectator vessels poses a significant threat to the 
safety of life. This proposed rulemaking is necessary to ensure the 
safety of life on the navigable waters of the United States.

Regulated Areas

    The Coast Guard proposes to establish two regulated areas in New 
York Harbor that will be in effect from July 3--5, 2000. These two 
proposed regulated areas are needed to protect the maritime public and 
participating vessels from possible hazards to navigation associated 
with; an International Naval Review conducted on the Hudson River and 
New York Harbor Upper Bay, a Parade of Tall Ships transiting the waters 
of Sandy Hook Bay, New York Harbor, and the Hudson River in close 
proximity; fireworks fired from 18--21 barges on the Hudson and East 
Rivers and in Upper New York Bay; and a large number of naval vessels, 
Tall Ships, and spectator craft anchored in close proximity throughout 
the duration of these events. These regulated areas include vessel 
anchoring and operating restrictions.
    Regulated Area A covers all waters of New York Harbor Lower Bay and 
Sandy Hook Bay within the following boundaries: south of the Verrazano-
Narrows Bridge; west of a line drawn shore to shore along 
074 deg.00'00" W (NAD 1983) between Coney Island, New York, and 
Navesink, New Jersey; and east of a line drawn shore to shore along 
074 deg.03'12" W (NAD 1983) between Fort Wadsworth, Staten Island, and 
Leonardo, New Jersey and all waters of Ambrose Channel shoreward of 
buoys 1 and 2. Please see Chartlet I, depicting Regulated Area A, 
included with this NPRM for the convenience of the reader. This 
proposed area is to be used as a staging area for vessels participating 
in the Parade of Tall Ships. This proposed regulated area is effective 
from 6 a.m., e.s.t. July 3, until 4 p.m., e.s.t. on July 4, 2000.

BILLING CODE 4910-15-U

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    Regulated Area B covers all waters of New York Harbor, Upper Bay, 
the Hudson, Harlem, and East Rivers, and the Kill Van Kull within the 
following boundaries: south of 40 deg.52'39" N (NAD 1983) on the Hudson 
River at Spuyten Duyvil Creek; west of the Throgsneck Bridge on the 
East River; north of the Verrazano-Narrows Bridge; and east of a line 
drawn from shore to shore along 074 deg.05'15" W (NAD 1983) between New 
Brighton, Staten Island, and Constable Hook, New Jersey, in the Kill 
Van Kull. Please see Charlet II , depicting Regulated Area B, included 
with this NPRM for the convenience of the reader. This proposed area is 
for the International Naval Review, the Parade of Tall Ships, and the 
July 4th fireworks display. This proposed regulated area is effective 
from 10:00 a.m., e.s.t. on July 3, 2000, until 10 a.m., e.s.t. on July 
5, 2000.

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[[Page 5838]]


    Spectator vessels transiting Regulated Area A or B must do so at no 
wake speed or at speeds not to exceed 10 knots, whichever is less. No 
vessels other than OPSAIL 2000/INR 2000 vessels, their assisting tugs, 
and enforcement vessels, may enter or navigate within the boundaries of 
the Anchorage Channel or Hudson River in regulated Area B unless 
specifically authorized by the Coast Guard Captain of the Port, New 
York, or his on-scene representative. No vessel may anchor in the 
Anchorage Channel or Hudson River outside of the designated spectator 
anchorages in Regulated Area B at any time without authorization. The 
operation of seaplanes, including taxiing, landing, and taking off, is 
prohibited in Area B on July 3-4, 2000, without prior written 
authorization from the Captain of the Port. Ferry services may operate 
in Area B on July 3 and 5, 2000. On July 4, 2000 only those ferry 
services with prior written authorization from the Coast Guard Captain 
of the Port will be authorized to operate in this area.
    No vessel, other than OPSAIL 2000/INR 2000 vessels, their assisting 
tugs, and enforcement vessels, is permitted to transit the waters 
between Governors Island and The Battery in southern Manhattan from 7 
a.m., e.s.t. July 4, 2000 until the end of the Parade of Sail. Vessels 
which must transit to or from the East River may only do so by using 
Buttermilk Channel unless otherwise authorized by the Coast Guard 
Captain of the Port, New York, or his on-scene representative.
    Proposed Regulated Area A contains three anchorage grounds for use 
by OPSAIL 2000/INR 2000 vessels only and it will also serve as a 
staging area for the vessels participating in the Parade of Sail. 
Proposed Regulated Area B contains anchorage grounds for OPSAIL 2000/
INR 2000 vessels and spectator craft. It contains the International 
Naval Review of Ships on the Hudson River and New York Harbor's Upper 
Bay, from the Verrazano-Narrows Bridge to the George Washington Bridge 
(river mile 11.0). The International Naval Review will be conducted on 
the morning of July 4, 2000 and consists of a column of approximately 
50 International Naval Ships anchored in the Hudson River and New York 
Harbor's Upper Bay along the western side of the Anchorage Channel. The 
U.S. Navy Review Ship will transit south along this column from the 
George Washington Bridge to the Verrazano-Bridge and conduct a review 
of all the participating naval ships. After the INR, approximately 300 
vessels will participate in the Parade of Sailing Vessels which will 
take place in Area B between the Verrazano-Narrows Bridge and the 
George Washington Bridge (river mile 11.0) on the Hudson River. 
Additionally, Area B will contain 18-21 fireworks barges being used for 
the July 4th fireworks display. Fireworks barges will be located in the 
Hudson River between the Holland Tunnel Ventilators and West 65th 
Street in Manhattan, in the East River between the southern tip of 
Roosevelt Island and The Battery, and in the Anchorage Channel north of 
the Verrazano-Narrows Bridge.

Anchorage Regulations

    The Coast Guard also proposes to establish temporary Anchorage 
Regulations for participating OPSAIL 2000/INR 2000 ships and spectator 
craft. Some current Anchorage Regulations in 33 CFR 110.155 will be 
temporarily suspended by this regulation and new Anchorage Grounds and 
regulations will be temporarily established. Chartlets I, III, and IV 
illustrate the proposed anchorage grounds and are included for the 
convenience of the reader.
    The proposed anchorage regulations designate selected current or 
temporarily established Anchorage Grounds for spectator or OPSAIL 2000/
INR 2000 participant vessel use only. They restrict all other vessels 
from using these Anchorage Grounds during a portion of the OPSAIL 2000/
INR 2000 event. The Anchorage Grounds are needed to provide viewing 
areas for spectator vessels while maintaining a clear parade route for 
the participating OPSAIL/INR vessels and to protect boaters and 
spectator vessels from the hazards associated with the International 
Naval Review and the Parade of Tall Ships.
    The Coast Guard proposes to designate Anchorage Grounds 16, 17, and 
18-A in the Hudson River in the vicinity of the George Washington 
Bridge (river mile 11.0); and the temporarily established Liberty 
Island Anchorage, Ellis Island Anchorage, Caven Point Anchorage, Jersey 
Flats Anchorage and Robbins Reef Anchorage in New York Harbor's Upper 
Bay, and a temporary Anchorage Ground from north of the Verrazano-
Narrows Bridge to Owls Head Park along the Brooklyn shoreline 
exclusively for spectator vessel use from 12 noon on June 29, 2000, 
until 12 noon on July 5, 2000.
    The Coast Guard also proposes to designate Anchorage Grounds 21-B, 
23-A, 23-B, and 24 in New York Harbor's Upper Bay for OPSAIL 2000/INR 
2000 participant vessels. These regulations are effective from 3 a.m., 
e.s.t. July 1, 2000, through 6 p.m., e.s.t. July 5, 2000. Other vessels 
may be authorized to use these anchorages on July 1 and 2, 2000 as 
determined by the Captain of the Port, New York.
    Additionally, the Coast Guard proposes to designate Anchorage 
Ground 25 and a temporarily established Anchorage Ground covering 
portions of Anchorage Grounds 26, 49-F and 49G in Sandy Hook Bay for 
OPSAIL 2000/INR 2000 participant vessels. These proposed regulations 
are effective from 6 a.m., e.s.t. July 2, 2000, through 4 p.m., e.s.t. 
July 4, 2000.
    The eastern portions of the Jersey Flats and Robbins Reef 
Anchorages and the Narrows Temporary Anchorage Ground are for vessels 
between 25 meters (82 feet) and 60 meters (197 feet) in length. 
Anchorage 21-C is for vessels greater than 60 meters (197 feet). 
Positioning within these three anchorages will be controlled by the 
Captain of the Port, New York. Persons desiring to use these anchorages 
must apply for a permit as outlined in the public notice titled Lottery 
for Spectator Craft Viewing Anchorages for OPSAIL 2000/International 
Naval review 2000 (INR 2000), Port of New York/New Jersey that was 
published in the Federal Register on November 19, 1999 (64 FR 63362).

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Security Zones

    The Coast Guard proposes to establish a moving security zone for 
all waters within 500 yards of the Review Ship for the International 
Naval Review from 7 a.m., e.s.t. until 11 a.m., e.s.t. on July 4, 2000. 
The Review Ship will be the U.S. Navy vessel that is anchored the 
furthest north in the Hudson River at 7 a.m., e.s.t. on July 4, 2000. 
This ship will get underway and transit down the Hudson River and Upper 
New York Bay between the George Washington Bridge (river mile 11.0) and 
the Verrazano-Narrows Bridge. The Review Ship will be easily 
identifiable during its transit because it will be the only large U.S. 
Navy vessel that is underway at this time in the Port of New York, and 
it will be escorted by numerous U.S. Coast Guard small boats. A second 
security zone is proposed for all waters within 500 yards of the USS 
JOHN F. KENNEDY (CV-67), from 10 a.m., e.s.t. until 5 p.m., e.s.t. on 
July 4, 2000 while in Anchorage 21-B and while being used as the 
reviewing stand for the Parade of Sailing Vessels. These security zones 
are needed to protect the Port of New York and New Jersey and U.S. Navy 
vessels during the International Naval Review and Parade of Sailing 
Vessels.

Regulatory Evaluation

    This proposed 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. The Office of Management and Budget has not reviewed it 
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).
    We expect the economic impact of this proposed 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, Sandy Hook Bay, the Hudson and East Rivers, and the 
Kill Van Kull during the events, the effect of this regulation will not 
be significant for the following reasons: the limited duration that the 
regulated areas will be in effect and the extensive advance 
notifications that will be made to the maritime community via the Local 
Notice to Mariners, facsimile, marine information broadcasts, New York 
Harbor Operations Committee meetings, and New York area newspapers, so 
mariners can adjust their plans accordingly. At no time will commercial 
shipping access to Port Newark/Port Elizabeth facilities be prohibited. 
Access to those areas may be accomplished using Raritan Bay, Arthur 
Kill, Kill Van Kull, and Newark Bay as an alternate route. This will 
allow the majority of the maritime industrial activity in the Port of 
New York/New Jersey to continue, relatively unaffected. Similar 
regulated areas were established for the 1986 and 1992 OPSAIL events. 
Based upon the Coast Guard's experiences learned from these previous 
events of a similar magnitude, these proposed regulations 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. 601-612), we 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises 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 certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities. This proposed rule would affect 
the following entities, some of which might be small entities: the 
owners or operators of vessels intending to transit or anchor in 
portions of Lower and Upper New York Bay and the Hudson and East Rivers 
during various times from July 2-10, 2000. These regulations would not 
have a significant economic impact on a substantial number of small 
entities for the following reasons. Although these regulations would 
apply to a substantial portion of the Port of New York/New Jersey, 
designated areas for viewing the Parade of Sailing Vessels and the 
Fourth of July Fireworks are being established to allow for maximum use 
of the waterways by commercial tour boats that usually operate in the 
affected areas. Before the effective period, the Coast Guard would make 
notifications to the public via mailings, facsimiles, the Local Notice 
to Mariners and use of the sponsors Internet site. In addition, the 
sponsoring organization, OPSAIL Inc., is planning to publish 
information of the event in local newspapers, pamphlets, and television 
and radio broadcasts.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Lieutenant J. Lopez, Coast Guard 
Activities New York, Waterways Oversight Branch at (718) 354-4193.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    We have analyzed this proposed rule under E.O. 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under E.O. 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under E.O. 13045, Protection of

[[Page 5842]]

Children from Environmental Health Risks and Safety Risks. This rule is 
not an economically significant rule and does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    We considered the environmental impact of this proposed rule and 
concluded that, under figure 2-1, paragraph 34 (f, g, and h), of 
Commandant Instruction M16475.lC, this proposed rule is categorically 
excluded from further environmental documentation. These temporary 
regulations establish special local regulations, anchorage grounds, and 
security zones. A ``Categorical Exclusion Determination'' is available 
in the docket where indicated under ADDRESSES.

List of Subjects

33 CFR Part 100

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

33 CFR Part 110

    Anchorage grounds.

33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR Parts 100, 110, and 165 as follows:

PART 100--MARINE EVENTS

    1. The authority citation for part 100 continues to read as 
follows:

    Authority:  33 U.S.C. 1233 through 1236; 49 CFR 1.46; 33 CFR 
100.35.

    2. Add temporary Sec. 100.T01-050 to read as follows:


Sec. 100.T01-050  OPSAIL 2000/ International Naval Review (INR) 2000, 
Port of New York/New Jersey.

    (a) Regulated areas. (1) Regulated Area A--(i) Location. All waters 
of New York Harbor, Lower Bay and Sandy Hook Bay within the following 
boundaries: south of the Verrazano-Narrows Bridge; west of a line drawn 
shore to shore along 074 deg.00'00" W (NAD 1983) between Coney Island, 
New York, and Navesink, New Jersey; and east of a line drawn shore to 
shore along 074 deg.03'12" W (NAD 1983) between Fort Wadsworth, Staten 
Island, and Leonardo, New Jersey, and all waters of Ambrose Channel 
shoreward of buoys 1 and 2.
    (ii) Enforcement period. Paragraph (a)(1)(i) of this section is 
enforced from 6 a.m., e.s.t. July 3, until 4 p.m., e.s.t. on July 4, 
2000.
    (2) Regulated Area B.--(i) Location. All waters of New York Harbor, 
Upper Bay, the Hudson and East Rivers, and the Kill Van Kull within the 
following boundaries: south of 40 deg.52'39" N (NAD 1983) on the Hudson 
River at Spuyten Duyvil Creek; west of the Throgsneck Bridge on the 
East River; north of the Verrazano-Narrows Bridge; and east of a line 
drawn from shore to shore along 074 deg.05'15" W (NAD 1983) between New 
Brighton, Staten Island, and Constable Hook, New Jersey, in the Kill 
Van Kull.
    (ii) Enforcement period. Paragraph (a)(2)(i) of this section is 
enforced from 10 a.m., e.s.t. on July 3, 2000, until 10 a.m., e.s.t. on 
July 5, 2000.
    (b) Special local regulations. (1) No vessel except OPSAIL 2000/INR 
2000 participating vessels and their assisting tugs, spectator vessels, 
and those vessels exempt from the regulations in this section, may 
enter or navigate within Areas A and B, unless specifically authorized 
by the Coast Guard Captain of the Port, New York, or his on-scene 
representative.
    (2) Vessels transiting Area B must do so at no wake speed or at 
speeds not to exceed 10 knots, whichever is less.
    (3) Notwithstanding paragraph (b)(1) of this section, no vessel, 
other than OPSAIL 2000/INR 2000 Vessels, their assisting tugs, and 
enforcement vessels, may enter or navigate within the boundaries of the 
main shipping channels in Area B unless they are specifically 
authorized to do so by Coast Guard Captain of the Port, New York, or 
his on-scene representative. No vessel in Area B is permitted to cross 
through the parade of sail, cross within 500 yards of the lead or last 
vessel in the parade of sail, or maneuver alongside within 100 yards of 
any OPSAIL 2000/INR 2000 Vessel unless authorized to do so by the 
Captain of the Port.
    (4) No vessel is permitted to anchor in the Anchorage Channel or 
the Hudson River outside of the designated anchorages at any time 
without authorization. Vessels which need to anchor to maintain 
position will only do so in designated anchorage areas.
    (5) No vessel, other than OPSAIL 2000/INR 2000 Vessels, their 
assisting tugs, and enforcement vessels, is permitted to transit the 
waters between Governors Island and The Battery in southern Manhattan 
from 7 a.m., e.s.t. July 4, 2000 until the end of the Parade of Sailing 
Vessels. Vessels which must transit to or from the East River may only 
do so by using Buttermilk Channel, unless otherwise authorized by the 
Coast Guard Captain of the Port, New York, or his designated on-scene 
representative.
    (6) Ferry services may operate in Area B on July 3 and 5, 2000. On 
July 4, 2000 only those with prior written authorization from the Coast 
Guard Captain of the Port will be authorized to operate in this area.
    (7) The operation of seaplanes, including taxiing, landing, and 
taking off, is prohibited in Area B on July 3-4, 2000, without prior 
written authorization from the Captain of the Port.
    (8) All spectator vessels must maintain their position in the 
designated spectator craft anchorages during the fireworks display on 
July 4th scheduled from 9 p.m., e.s.t. until 10:45 p.m., e.s.t.
    (c) Effective period. This section is effective from 6 a.m., e.s.t. 
on July 3, 2000, until 10 a.m., e.s.t. on July 5, 2000.

PART 110--ANCHORAGE REGULATIONS

    1. The authority citation for part 110 continues to read as 
follows:

    Authority:  33 U.S.C. 471, 1221 through 1236, 2030, 2035 and 
2071; 49 CFR 1.46 and 33 CFR 1.05-1(g).

    2. Effective June 29, 2000 through July 5, 2000, Sec. 110.155 is 
amended as follows:
    a. Add introductory text to the beginning of the section;
    b. Add new paragraphs (c)(1)(ii), (c)(2)(ii) and (c)(3)(ii);
    c. Paragraphs (d)(1) through (5), (d)(7) through (9), (d)(10)(i), 
(d)(12)(i) and the introductory text of paragraph (d)(16) are suspended 
and new paragraphs (d)(10)(ii), (d)(11)(iii), (d)(12)(iii) through 
(iv), (d)(13)(vi), (d)(14)(iv), (d)(15)(iii), and (d)(17) through (20) 
are added;
    d. Add new paragraph (e)(1)(iii);
    e. The Note to paragraph (f)(1) is suspended;
    f. Paragraphs (m)(2)(i) through (ii) and (m)(3)(i) are suspended 
and new paragraphs (m)(2)(iii) and (m)(3)(ii) are added;
    g. Paragraph (n)(1) is suspended; and
    h. Add new paragraph (o).


Sec. 110.155  Port of New York.

     Mariners are cautioned that the areas designated as anchorage 
grounds in this section have not been subject to any special survey or 
inspection and that charts may not show all seabed obstructions or the 
shallowest depths. In addition, the anchorages are in areas of 
substantial currents, and not all anchorages are over good holding 
ground. Mariners are advised to take

[[Page 5843]]

appropriate precautions when using these temporary anchorages. These 
are not special anchorage areas. Vessels must display anchor lights, as 
required by the navigation rules.
* * * * *
    (c) * * *
    (1) * * *
    (ii) This anchorage is designated for the exclusive use of 
spectator vessels less than 25 meters (82 feet) in length on a first 
come, first served basis.
    (2) * * *
    (ii) See paragraph (c)(1)(ii) of this section.
    (3) * * *
    (ii) See paragraph (c)(1)(ii) of this section.
* * * * *
    (d) * * *
    (10) * * *
    (ii) This anchorage is for OPSAIL 2000 participating vessels only.
    (11) * * *
    (iii) This anchorage is reserved for OPSAIL 2000/INR 2000 
participating vessels. No other vessel may anchor or operate in this 
area within 100 yards of OPSAIL 2000/INR 2000 participating vessels.
    (12) * * *
    (iii) This anchorage is for vessels greater than 60 meters (197 
feet) in length. Persons desiring to use this anchorage must apply for 
a permit as outlined in the public notice Lottery for Spectator Craft 
Viewing Anchorages for OPSAIL 200/International Naval review 2000 (INR 
2000), Port of New York/New Jersey that was published in the Federal 
Register on November 19, 1999 (64 FR 63362).
    (iv) This anchorage is available for vessels observing or 
participating in OPSAIL 2000/INR 2000 festivities and which have been 
authorized by the Coast Guard Captain of the Port, New York. No vessel 
may anchor within this area without authorization to do so.
    (13) * * *
    (vi) See paragraph (d)(12)(iv) of this section.
    (14) * * *
    (iv) See paragraph (d)(12)(iv) of this section.
    (15) * * *
    (iii) See paragraph (d)(12)(iv) of this section.
* * * * *
    (17) The anchorages in this paragraph are designated for the 
exclusive use of spectator vessels less than 25 meters (82 feet) in 
length on a first come, first served basis.
    (i) Ellis Island Anchorage. That area bound by the following 
points: 40 deg.41'55"N, 074 deg.02'56"W; 40 deg.41'29.5"N, 
074 deg.02'05"W; 40 deg.41'42"N, 074 deg.02'00.5"W; 40 deg.41'55"N, 
074 deg.01'58"W; 40 deg.42'05"N, 074 deg.01'57"W; 40 deg.42'20.5"N, 
074 deg.02'06"W (NAD 1983); thence along the shoreline to the point of 
beginning.
    (ii) Liberty Island Anchorage. That area bound by the following 
points: 40 deg.41'30.5"N, 074 deg.03'15.5"W; 40 deg.41'11.5"N, 
074 deg.02'44"W; 40 deg.41'34"N, 074 deg.02'26.5"W; 40 deg.41'51.5"N, 
074 deg.02'59.5"W (NAD 1983); thence along the shoreline to the point 
of beginning.
    (iii) Caven Point Anchorage. That area bound by the following 
points: 40 deg.40'33"N, 074 deg.03'33"W; 40 deg.40'25"N, 
074 deg.03'23"W; 40 deg.40'09.5"N, 074 deg.02'59"W; 40 deg.40'59.5"N, 
074 deg.02'26.5"W; 40 deg.41'26"N, 074 deg.03'18"W (NAD 1983); thence 
along the shoreline and the Caven Point Pier to the point of beginning.
    (18) Jersey Flats Anchorage. That area bound by the following 
points: 40 deg.39'57"N, 074 deg.04'00"W; 40 deg.39'50"N, 
074 deg.03'56"W; 40 deg.39'35"N, 074 deg.03'22"W; 40 deg.40'02.5"N, 
074 deg.03'04"W; 40 deg.40'53"N, 074 deg.04'17"W (NAD 1983); thence 
along the shoreline to the point of beginning.
    (i) The area west of the eastern end of the Global Marine Terminal 
Pier is for the exclusive use of spectator vessels less than 25 meters 
(82 feet) in length on a first come, first served basis. The area east 
of the eastern end of the Global Marine Terminal Pier is for vessels 
between 25 meters (82 feet) and 60 meters (197 feet) in length.
    (ii) Persons desiring to use this anchorage must apply for a permit 
as outlined as outlined in the public notice Lottery for Spectator 
craft Viewing Anchorages for OPSAIL 200/International Naval review 2000 
(INR 2000), Port of New York/New Jersey that was published in the 
Federal Register on November 19, 1999 (64 FR 63362).
    (19) Robbins Reef Anchorage. That area bound by the following 
points: 40 deg.39'19.5"N, 074 deg.05'10"W; 40 deg.39'00"N, 
074 deg.03'46"W; 40 deg.39'22"N, 074 deg.03'29"W; 40 deg.39'49.5"N, 
074 deg.04'06"W; (NAD 1983); thence along the shoreline to the point of 
beginning.
    (i) The area west of the eastern end of the Military Ocean Terminal 
Pier is for the exclusive use of spectator vessels less than 25 meters 
(82 feet) in length on a first come, first served basis. The area east 
of the eastern end of the Military Ocean Terminal Pier is for vessels 
between 25 meters (82 feet) and 60 meters (197 feet) in length.
    (ii) Persons desiring to use this anchorage must apply for a permit 
as outlined in the public notice Lottery for Spectator craft Viewing 
Anchorages for OPSAIL 2000/International Naval review 2000 (INR 2000), 
Port of New York/New Jersey that was published in the Federal Register 
on November 19, 1999 (64 FR 63362).
    (20) All vessels anchored in the anchorages described in paragraphs 
(d)(17 through 19) of this section must comply with the requirements in 
paragraphs (d)(16)(iii through vii) of this section. Any vessel 
anchored in or intending to anchor in Federal Anchorage 21-A through 
21-C, 23-A, 23-B, 24 or 25 must comply with the requirements in 
paragraphs (d)(16)(i) through (x) of this section.
    (e) * * *
    (1) * * *
    (iii) No vessel other than OPSAIL 2000/INR 2000 Vessels and their 
designated assist tugs may anchor and/or approach within 100 yards of 
any OPSAIL 2000/INR 2000 Vessel navigating or anchored in this area.
* * * * *
    (m) * * *
    (2) * * *
    (iii) Anchorage No. 49-F is reserved for vessels as set out in 
paragraph (o)(2) of this section.
    (3) * * *
    (ii) Anchorage No. 49-G is reserved for vessels as set out in 
paragraph (o)(2) of this section.
* * * * *
    (o) Temporary anchorage grounds. (1) Narrows anchorage: That area 
bound by the following points: 40 deg.38'17" N, 074 deg.02'18.5"W; 
40 deg.38'22"N, 074 deg.02'39"W; 40 deg.38'02.5"N, 074 deg.02'47.5"W; 
40 deg.37'21.5"N, 074 deg.02'48.5"W; 40 deg.36'31"N, 074 deg.02'34"W; 
40 deg.36'36.5"N, 074 deg.02'15.5"W; 40 deg.36'53.5"N, 
074 deg.02'28.5"W; 40'37'13"N, 074 deg.02'34"W; 40 deg.37'44"N, 
074 deg.02'33"W; thence to the point of beginning at 40 deg.38'17"N, 
074 deg.02'18.5"W (NAD 1983).
    (i) This anchorage is designated for the exclusive use of spectator 
vessels between 25 meters (82 feet) and 60 meters (197 feet) in length. 
Persons desiring to use this anchorage must apply for a permit as 
outlined in the public notice Lottery for Spectator craft Viewing 
Anchorages for OPSAIL 2000/International Naval review 2000 (INR 2000), 
Port of New York/New Jersey that was published in the Federal Register 
on November 19, 1999 (64 FR 63362).
    (ii) Effective period. Paragraph (o)(1) of this section is 
effective from 12 p.m., e.s.t. on July 2, 2000, through 12 noon on July 
5, 2000.
    (2) Sandy Hook Bay Anchorage: That area bound by the following 
points: 40 deg.28'30"N, 074 deg.01'42"W; 40 deg.27'56"N, 
074 deg.01'35"W; 40 deg.27'54"N, 074 deg.01'25"W; 40 deg.26'00"N, 
074 deg.00'58"W; 40 deg.26'00"N, 074 deg.02'00"W; 40 deg.26'29"N, 
074 deg.02'51"W;

[[Page 5844]]

40 deg.27'29"N, 074 deg.02'10"W; 40 deg.27'40"N, 074 deg.02'36"W; 
40 deg.28'07"N, 074 deg.02'19"W (NAD 1983); thence along the shoreline 
to the point of beginning.
    (i) This anchorage sets aside Anchorage No. 49-F and a portion of 
Anchorage No. 26, as described in paragraph (f)(1) of this section, for 
the exclusive use of OPSAIL 2000/INR 2000 Vessels.
    (ii) No vessels other than OPSAIL 2000/INR 2000 naval and Tall 
Ships, their designated assist tugs, and enforcement vessels may 
anchor, loiter, or approach within 100 yards of any OPSAIL 2000/INR 
2000 Vessel when it is navigating or at anchor in this area.
    (iii) Effective period. Paragraph (o)(2) of this section is 
effective from 6 a.m., e.s.t. on July 2, 2000, through 4 p.m., e.s.t. 
on July 4, 2000.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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, 160.5; 49 CFR 1.46.

    2. Add temporary Sec. 165.T01-050 to read as follows:


Sec. 165.T01-050  Security Zones: International Naval Review (INR) 
2000, Hudson River and Upper New York Bay.

    (a) The following areas are established as security zones:
    (1) Security zone A.--(i) Location: This security zone includes all 
waters within 500 yards of the U.S. Navy review ship and the zone will 
move with the review ship as it transits the Hudson 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.
    (ii) [Reserved]
    (b) [Reserved]

    Dated: January 14, 2000.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 00-2245 Filed 2-4-00; 8:45 am]
BILLING CODE 4910-15-U