Safety Zone; Parade of Ships, Fleet Week '94, Port of NY and NJ

DEPARTMENT OF TRANSPORTATION

33 CFR Part 165

[CGD01-94-002]

RIN 2115-AA97

Safety Zone; Parade of Ships, Fleet Week '94, Port of NY and NJ

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone

on June 2, 1994, to protect the boating public from the possible

hazards to navigation associated with a parade of naval vessels

transiting the Upper and Lower New York Bays, and Hudson River in close

proximity to each other. If adopted, a moving safety zone will be

established 500 yards fore and aft, and 200 yards on either side of the

designated column of vessels in the parade as it transits from the

Verrazano Narrows Bridge to Pier 86, Manhattan, in the Hudson River. As

the vessels then proceed to their berths, the moving safety zone will

expand to encompass all waters within a 200 yard radius of each vessel

until it is safely moored. The regulation would be in effect from 7:30

a.m. until 3 p.m. on Thursday, June 2, 1994, unless terminated sooner

by the Coast Guard Captain of the Port, New York.

DATES: Comments must be received on or before May 31, 1994.

ADDRESSES: Comments should be mailed to Captain of the Port, New York,

Bldg. 108, Governors Island, New York 10004-5096, or may be delivered

to the Waterways Management Branch, Bldg. 108, between 8 a.m. and 4:30

p.m., Monday through Friday, except Federal holidays.

Any person wishing to visit the office must contact the Waterways

Management Branch at (212) 668-7933 to obtain advance clearance, due to

the fact that Governors Island is a military installation with limited

access.

FOR FURTHER INFORMATION CONTACT:

LT. R. Trabocchi, Project Manager, Captain of the Port, New York, (212)

668-7933.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written data, views, or arguments.

Persons submitting comments should include their names and addresses,

identify this notice (CGD01-94-002) and the specific section of the

proposal to which their comments apply, and give reasons for each

comment. Persons wanting acknowledgment of receipt of comments should

enclose a stamped, self-addressed postcard or envelope.

The Coast Guard will consider all comments received during the

comment period. It may change this proposal in view of the comments.

The Coast Guard plans no public hearing, however, persons may request a

public hearing by writing to the Project Manager at the address under

``ADDRESSES''. If it is determined that the opportunity for oral

presentations will aid this rulemaking, the Coast Guard will hold a

public hearing at a time and place announced by a later notice in the

Federal Register.

Drafting Information

The drafters of this notice are LT R. Trabocchi, Project Manager,

Captain of the Port, New York and CDR J. Astley, Project Attorney,

First Coast Guard District, Legal Office.

Background and Purpose

On November 16, 1993, the Intrepid Sea Air Space Museum submitted a

request to hold a parade of U.S. Coast Guard and U.S. and foreign naval

ships through the Port of New York and New Jersey on June 2, 1994. On

January 18, 1994, the Coast Guard held a meeting with the sponsor to

confirm the specifics of this marine event. The proposed regulation

would establish a moving safety zone within all waters 500 yards

foreward of the lead parade vessel, 500 yards aft of the last parade

vessel, and 200 yards either side of the designated column as it

transits northward from the Verrazano Narrows Bridge to Pier 86,

Manhattan, in the Hudson River. Following the transit to Pier 86, the

vessels will proceed to their berths. The proposed regulation also

provides for a moving safety zone in all waters within a 200 yard

radius around each vessel from the time the vessel breaks off from the

parade until it is safely moored. No vessel will be permitted to enter

or move within these safety zones unless authorized by the Captain of

the Port, New York.

This regulation is required to protect the maritime public from

possible hazards to navigation associated with a parade of naval

vessels transiting the waters of New York Harbor in close proximity.

These vessels will be transiting with limited maneuverability and

therefore require a clear traffic lane in order to safely navigate to

their destination.

Discussion of Proposed Amendments

The Coast Guard proposes to establish a moving safety zone within

all waters 500 yards foreward of the lead parade vessel, 500 years aft

of the last parade vessel, and 200 yards either side of the designated

column as it transits northward from the Verrazano Narrows Bridge to

Pier 86, Manhattan, in the Hudson River. The proposed regulation also

provides for a moving safety zone in all waters within a 200 yard

radius around each vessel from the time the vessel breaks off from the

parade until it is safely moored. If adopted, these safety zones will

be in effect from 7:30 a.m. until 3 p.m. on June 2, 1994, unless

terminated sooner by the Coast Guard Captain of the Port, New York. The

closure of these portions of the waterways is needed to protect the

boating public from the possible hazards to navigation associated with

a parade of naval vessels transiting the waters of New York Harbor in

close proximity. No vessel will be permitted to enter or move within

these safety zones unless authorized by the Coast Guard Captain of the

Port, New York. As the parade clears a particular area vessel operators

will be able to transit those waters.

Regulatory Evaluation

This proposal is not considered a significant regulatory action

under Executive Order 12866 and is not significant under Department of

Transportation Regulatory Policies and Procedures (44 FR 11034;

February 26, 1979). Though there is a regular flow of traffic through

this area, there is not likely to be a significant impact on

recreational or commercial traffic for several reasons. Due to the

moving nature of the safety zone, no single location will be affected

for a prolonged period of time which in turn should not significantly

delay commercial traffic. Additionally, recreational traffic can

transit the river on either side of the safety zone or use the East

River, Kill Van Kull, or Arthur Kill as an alternate route. Similar

safety zones have been established for the last few annual Fleet Week

parades of ships with minimal or no disruption to vessel traffic or

other interests in the port. For all of the above reasons, as well as

the fact that extensive advisories will be made to the affected

maritime community so that they may adjust their plans accordingly, the

Coast Guard expects the economic impact of this proposal to be so

minimal that a Regulatory Evaluation is unnecessary.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider whether this proposal will have a significant

economic impact on a substantial number of small entities. ``Small

entities'' include independently owned and operated small businesses

that are not dominant in their field and that otherwise qualify as

``small business concerns'' under section 3 of the Small Business Act

(15 U.S.C. 632).

For reasons given in the Regulatory Evaluation, the Coast Guard

expects the impact of this regulation to be minimal. The Coast Guard

certifies under 5 U.S.C. 605(b) that this proposal, if adopted, will

not have a significant economic impact on a substantial number of small

entities.

Collection of Information

This proposal contains no collection of information requirements

under the Paperwork Reduction Act (44 U.S.C. 3501).

Federalism

The Coast Guard has analyzed this action in accordance with the

principles and criteria contained in Executive Order 12612 and has

determined that this proposal does not raise sufficient federalism

implications to warrant the preparation of a Federalism Assessment.

Environment

The Coast Guard has considered the environmental impact of these

regulations and concluded that under section 2.B.2.c. of Commandant

Instruction M16475.1B, it is an action under the Coast Guard's

statutory authority to promote maritime safety and protect the

environment, and thus is categorically excluded from further

environmental documentation. A Categorical Exclusion Determination will

be included in the docket.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation (water), Reporting and

recordkeeping requirements, Security measures, Waterways.

Proposed Regulations

For reasons set out in the preamble, the Coast Guard proposes to

amend 33 CFR part 165 as follows:

PART 165--[AMENDED]

1. The authority citation for part 165 continues to read as

follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),

6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.

2. A temporary Sec. 165.T01-002 is added to read as follow:

Sec. 165.T01-002 Parade of Ships, Fleet Week '94, Port of New York and

New Jersey.

(a) Location. This moving safety zone includes all waters within

500 yards forward of the lead parade vessel, 500 yards aft of the last

parade vessel, and 200 yards either side of the designated column as it

transits northward from the Verrazano Narrows Bridge to Pier 86,

Manhattan, in the Hudson River and then 200 yards around each vessel

until safely moored.

(b) Effective period. This section is effective from 7:30 a.m.

until 3 p.m. on June 2, 1994, unless terminated sooner by the Captain

of the Port, New York.

(c) Regulations. (1) The general regulations contained in 33 CFR

165.23 apply to this safety zone.

(2) All persons and vessels shall comply with the instructions of

the Coast Guard Captain of the Port or the designated on scene patrol

personnel. U.S. Coast Guard patrol personnel include commissioned,

warrant, and petty officers of the Coast Guard. Upon being hailed by a

U.S. Coast Guard vessel via siren, radio, flashing light, or other

means, the operator of a vessel shall proceed as directed. Coast Guard

Auxiliary members may be present to inform vessel operators of this

regulation and other applicable laws.

Dated: March 2, 1994.

T.H. Gilmour,

Captain, U.S. Coast Guard, Captain of the Port, New York.

[FR Doc. 94-7535 Filed 3-29-94; 8:45 am]

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