[Federal Register Volume 65, Number 102 (Thursday, May 25, 2000)]
[Rules and Regulations]
[Pages 33760-33770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12641]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 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: This rule is effective from 12 p.m. e.s.t. on June 29, 2000, 
until 12 p.m. e.s.t. on July 5, 2000.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD01-99-050 and are available for inspection or 
copying at room 205, of 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:

Regulatory Information

    On February 7, 2000, we published a notice of proposed rulemaking 
(NPRM) entitled Temporary Regulations: OPSAIL 2000/International Naval 
Review 2000 (INR 2000), Port of New York/New Jersey in the Federal 
Register (65 FR 5833). On February 14, 2000, we published a correction 
to this NPRM entitled Temporary Regulations: OPSAIL 2000/International 
Naval Review 2000 (INR 2000), Port of New York/New Jersey in the 
Federal Register (65 FR 7333). We received no letters commenting on the 
proposed rule. No public hearing was requested, and none was held.

Background and Purpose

    The U.S. Navy is sponsoring the International Naval Review. This 
event consists of the anchoring of approximately 50 U.S. 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 consists of a parade of sailing vessels from the 
Verrazano-Narrows Bridge north past a reviewing stand aboard the U.S.S. 
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. These 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 rulemaking is necessary to ensure the safety of life on the 
navigable waters of the United States.

Regulated Areas

    The Coast Guard is establishing two regulated areas in New York 
Harbor that will be in effect from July 3-5, 2000. These two regulated 
areas are needed to protect the maritime public and participating 
vessels from possible hazards to navigation associated with;

[[Page 33761]]

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 11-13 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 
Ambrose Channel Entrance Lighted Gong Buoy 1 (LLNR 34800) and Ambrose 
Channel Entrance Lighted Bell Buoy 2 (LLNR 34805). Please see Chartlet 
I, depicting Regulated Area A, included with this Temporary final rule 
(TFR) for the convenience of the reader. This area is to be used as a 
staging area for vessels participating in the Parade of Tall Ships. 
This regulated area is effective from 6 a.m., e.s.t. July 3, until 4 
p.m., e.s.t. on July 4, 2000.
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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 Throgs Neck 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 Chartlet II, depicting Regulated Area B, included 
with this TFR for the convenience of the reader. This regulated area is 
for the International Naval Review, the Parade of Tall Ships, and the 
July 4th fireworks display. This regulated area is effective from 10 
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 33763]]

    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.
    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. 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-Narrows 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 11-13 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, east of Liberty Island, and in the Anchorage 
Channel north of the Verrazano-Narrows Bridge.

Anchorage Regulations

    The Coast Guard is also establishing temporary Anchorage 
Regulations for participating OPSAIL 2000/INR 2000 ships and spectator 
craft. Some current Anchorage Regulations in 33 CFR 110.155 are 
temporarily suspended by this regulation and new Anchorage Grounds and 
regulations are being temporarily established. Chartlets I, III, and IV 
illustrate the anchorage grounds and are included for the convenience 
of the reader.
    The 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 designates 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 p.m., e.s.t. on June 29, 2000, until 12 
p.m., e.s.t. on July 5, 2000. The temporary Narrows Anchorage is being 
expanded to authorize a larger viewing area for spectator vessels 
between 25 meters (82 feet) and 60 meters (197 feet). The expanded area 
includes all waters of Anchorage Channel east of a line drawn between 
Gowanus Flats Lighted Bell Buoy 22 (LLNR 34945) and Bay Ridge Channel 
Lighted Buoy 2 (LLNR 36872) to the western boundary of the temporary 
Narrows Anchorage.
    The Coast Guard also designates 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 designates 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 have a permit from the Captain of the Port New York. A lottery was 
held to determine vessel anchorage locations and applications are no 
longer being accepted.
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[[Page 33766]]

Security Zones

    The Coast Guard is establishing 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 established for all waters within 500 
yards of the U.S.S. 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. Numerous 
dignitaries who require Secret Service protection will be onboard both 
Navy vessels. Due to the dignitaries' attendance, security zones are 
required to ensure the proper level of protection to prevent sabotage 
or other subversive acts, accidents, or other activities of a similar 
nature to the Port of New York/New Jersey.

Discussion of Comments and Changes

    We received no letters commenting on the proposed rule, but we did 
make two minor changes to it. The temporary Narrows Anchorage is being 
expanded to make a larger viewing area for spectator vessels between 25 
meters (82 feet) and 60 meters (197 feet). The expanded area includes 
all waters of Anchorage Channel east of a line drawn between Gowanus 
Flats Lighted Bell Buoy 22 (LLNR 34945) and Bay Ridge Channel Lighted 
Buoy 2 (LLNR 36872) to the western boundary of the temporary Narrows 
Anchorage, and south of the current southern boundary of Federal 
Anchorage 21-C. This change increases the length of the temporary 
Narrows Anchorage by 1,450 yards. The increased anchorage length is 
necessary because it provides a greater area for spectator craft to 
anchor in. It is also easier to enforce as the western boundary is now 
aligned with the western boundary of Federal Anchorage No. 21-C. This 
will provide one straight boundary line to enforce as opposed to three 
boundary lines as originally planned. The expanded temporary Narrows 
Anchorage area will not have a negative impact on vessel traffic in the 
area because the expanded area does not include any navigable channels 
and it would not have been used by vessels. But it will have a positive 
impact because it provides space for five extra spectator craft that 
were alternate winners of the lottery drawing for anchorage spots in 
the area.
    We changed section 110.155's introductory note to emphasize the 
mariners' need to exercise caution while using the temporarily 
designated anchorage areas for OPSAIL 2000/INR 2000. While we are not 
aware of any safety problems associated with these temporary anchorage 
areas, we can not ensure the anchor holding capability of each area nor 
that the bottoms are free from obstructions. Consequently, we are 
advising mariners to take appropriate precautions including using all 
means available to ensure their vessels are not dragging anchor. But 
based on past experience with these temporary anchorage areas, we have 
no reason to believe they are not adequate for their intended use.

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. 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 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 have been and 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.
    One substantive change is being made to the Temporary final rule. 
The temporary Narrows Anchorage is being expanded to authorize a larger 
viewing area for spectator vessels between 25 meters (82 feet) and 60 
meters (197 feet). The expanded area includes all waters of Anchorage 
Channel east of a line drawn between Gowanus Flats Lighted Bell Buoy 22 
(LLNR 34945) and Bay Ridge Channel Lighted Buoy 2 (LLNR 36872) to the 
western boundary of the temporary Narrows Anchorage, and south of the 
current southern boundary of Federal Anchorage 21-C. We expect this 
change to have no adverse economic impact as it increases the size of 
the available spectator craft viewing area in the Narrows Temporary 
anchorage without closing any portions of any navigable channels. As 
originally published in the NPRM, this area would not have been used by 
any vessels.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this 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 rule 
would not have a significant economic impact on a substantial number of 
small entities. This 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 June 29-
July 5, 2000. These regulations will not have a significant economic 
impact on a substantial number of small entities for the following 
additional reasons: Although these regulations will apply to a 
substantial portion of the Port of New York/New Jersey, designated 
areas for

[[Page 33767]]

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 will 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.
    One substantive change is being made to the Temporary final rule. 
The temporary Narrows Anchorage is being expanded to authorize a larger 
viewing area for spectator vessels between 25 meters (82 feet) and 60 
meters (197 feet). The expanded area includes all waters of Anchorage 
Channel east of a line drawn between Gowanus Flats Lighted Bell Buoy 22 
(LLNR 34945) and Bay Ridge Channel Lighted Buoy 2 (LLNR 36872) to the 
western boundary of the temporary Narrows Anchorage, and south of the 
current southern boundary of Federal Anchorage 21-C. This will have a 
positive impact on small entities as it provides space for five more 
spectator craft to be awarded permits to anchor here in the lottery 
drawing. As originally published in the NPRM, this area would not have 
been used by any vessels.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. We 
provided explanations of the effect of these regulations on the Port of 
New York/New Jersey to approximately 15 small entities.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agricultural Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-800-REG-FAIR 
(1-888-734-3247).

Collection of Information

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

Federalism

    We have analyzed this rule under Executive Order 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 unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

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

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of 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

    The Coast Guard considered the environmental impact of this rule, 
including the expansion of the Temporary Narrows Anchorage discussed in 
the Discussion of Comments and Changes section above, and concluded 
that, under figure 2-1, paragraph 34(f, g, and h), of Commandant 
Instruction M16475.1C, this 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 amends 
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 Ambrose Channel Entrance Lighted Gong Buoy 1 (LLNR 34800) 
and Ambrose Channel Entrance Lighted Bell Buoy 2 (LLNR 34805).
    (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 Throgs Neck 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.

[[Page 33768]]

    (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) Not withstanding 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 applicable 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

    3. 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).

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


Sec. 110.155  Anchorage Grounds; Port of New York.

    The designated anchorage grounds in this section have not been 
specially surveyed or inspected and navigational charts may not show 
all seabed obstructions or shallowest depths. Additionally, the 
anchorages are in areas of substantial currents. Mariners who use these 
temporary anchorages should take appropriate precautions, including 
using all means available to ensure your vessel is not dragging anchor. 
Finally, these are not special anchorage areas. Thus 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 hold a 
permit from the Captain of the Port New York on their vessel. A lottery 
was held to determine vessel anchorage locations and applications are 
no longer being accepted.
    (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 (d)(17) 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.

[[Page 33769]]

    (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 hold a permit from 
the Captain of the Port New York on their vessel. A Lottery was held to 
determine vessel anchorage locations and applications are no longer 
being accepted.
    (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 hold a permit from 
the Captain of the Port New York on their vessel. A lottery was held to 
determine vessel anchorage locations and applications are no longer 
being accepted.
    (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.38'03" N, 074 deg.03'02" 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 deg.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 hold a permit from the 
Captain of the Port New York on their vessel. A lottery was held to 
determine vessel anchorage locations and applications are no longer 
being accepted.
    (ii) Effective period. Paragraph (o)(1) of this section is 
applicable 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; 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 
applicable from 6 a.m., e.s.t. on July 2, 2000, through 4 p.m., e.s.t. 
on July 4, 2000.
    (p) Temporary amendment applicable dates and times. (1) From 12 
noon on June 29, 2000 through 12 noon on July 5, 2000:
    (i) The introductory text of this section is applicable.
    (ii) The suspension of paragraphs (d)(1) through (5), (d)(10)(i), 
(n)(1), the introductory text of paragraph (d)(16), and the note to 
paragraph (f)(1) introductory text of this section is applicable.
    (iii) Paragraphs (d)(10)(ii), (d)(17) through (20) and (p) of this 
section are applicable.
    (2) The suspension of paragraphs (d)(7) through (9) of this section 
is applicable from 3 a.m., e.s.t. on July 3, 2000 through 12 noon on 
July 5, 2000.
    (3) From 3 a.m., e.s.t. on July 3, 2000 through 6 a.m., e.s.t. on 
July 5, 2000:
    (i) The suspension of paragraph (d)(12)(i) of this section is 
applicable.
    (ii) Paragraphs (d)(11)(iii), (d)(12)(iii) and (iv), (d)(13)(vi), 
(d)(14)(iv), and (d)(15)(iii) of this section are applicable.
    (4) From 6 a.m., e.s.t. on July 2, 2000 through 4 p.m., e.s.t. on 
July 4, 2000:
    (i) The suspensions of paragraphs (m)(2)(i) and (ii), and (m)(3)(i) 
of this section are applicable.
    (ii) Paragraphs (m)(2)(iii), (m)(3)(ii), and (e)(1)(iii) of this 
section are applicable.
    (5) From 6 a.m., e.s.t. on July 2, 2000 through 12 noon on July 5, 
2000, paragraph (o) of this section is applicable.
    (6) From 12 noon on July 2, 2000 through 12 noon on July 5, 2000, 
paragraphs (c)(1)(ii), (c)(2)(ii), and (c)(3)(ii) of this section are 
applicable.
* * * * *

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    5. 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.

    6. 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 River and Upper New 
York Bay during the International Naval Review between the George 
Washington Bridge (river mile 11.0) and the Verrazano-Narrows Bridge.
    (ii) Enforcement period. Paragraph (a)(1)(i) of this section is 
enforced from 7 a.m., e.s.t. until 11 a.m., e.s.t. on July 4, 2000.

[[Page 33770]]

    (2) Security Zone B. (i) Location. All waters within 500 yards of 
the U.S.S. John F. Kennedy (CV-67), in Federal Anchorage 21B.
    (ii) Enforcement period. Paragraph (a)(2)(i) of this section is 
enforced from 10 a.m., e.s.t. until 5 p.m., e.s.t. on July 4, 2000.
    (b) Effective period. This section is applicable from 7 a.m., 
e.s.t. on July 4, 2000, until 5 p.m., e.s.t. on July 4, 2000.
    (c) 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: May 4, 2000.
Robert F. Duncan,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 00-12641 Filed 5-24-00; 8:45 am]
BILLING CODE 4910-15-U