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

DEPARTMENT OF TRANSPORTATION

33 CFR Part 165

[CGD01-94-008]

RIN 2115-AA97

Safety Zone; Parade of Ships, Convoy '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 May 2, 1994, and May 5, 1994, to protect the boating public from the

possible hazards to navigation associated with a parade of 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 route as it enters the Port

of New York and New Jersey via the Upper and Lower New York Bays and

the Hudson River between Ambrose and the Passenger Ship Terminal, Pier

88 South, Manhattan; and again as the parade departs the Port of New

York and New Jersey via the Hudson River and the Upper and Lower New

York Bays between the Battery and Ambrose. As the vessels proceed to

and leave from their berths, the moving safety zone will be expanded to

encompass all waters within a 200 yard radius of each vessel. This

regulation will be in effect from 9 a.m. until 3 p.m. on Monday, May 2,

1994, and again from 9 a.m. until 3 p.m. on May 5, 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 (CGD01-94-008) 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 January 13, 1994, the Coast Guard attended a meeting held by the

sponsor to discuss the times and dates for this marine event.

This regulation is required to protect the maritime public from

possible hazards to navigation associated with a parade of 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

parade destination and then to their berth.

Discussion of Proposed Amendments

The Coast Guard proposes to establish a moving safety zone within

all waters 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 enters the Port of New York and New Jersey via the Upper

and Lower New York Bays and the Hudson River between Ambrose and the

Passenger Ship Terminal, Pier 88 South, Manhattan; and again as the

parade departs the Port of New York and New Jersey via the Hudson River

and the Upper and Lower New York Bays between the Battery and Ambrose.

As each vessel proceeds to and leaves from its berth, the moving safety

zone will be expanded to encompass all waters within a 200 yard radius

of each vessel. If adopted, this safety zone will be in effect from 9

a.m. until 3 p.m. on May 2, 1994, and again from 9 a.m. until 3 p.m. on

May 5, 1994, unless terminated sooner by the Coast Guard Captain of the

Port, New York. This closure is needed to protect the boating public

from the possible hazards to navigation associated with a parade of

vessels transiting the waters of New York Harbor in close proximity. No

vessel will be permitted to enter or move within this safety zone

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

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.T01-008 is added to read as follows:

Sec. 165.T01-008 Parade of Ships, Convoy '94, Port of New York and New

Jersey.

(a) Location. A moving safety zone is established including 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 the waters of the Port of New York and

New Jersey via the Upper and Lower New York Bays and the Hudson River

between Ambrose and the Passenger Ship Terminal, Pier 88 South,

Manhattan. The zone also encompasses all waters within a 200 yard

radius of each vessel as it proceeds to and leaves from its berth.

(b) Effective period. This section is effective from 9 a.m. until 3

p.m. on May 2, 1994, and again from 9 a.m. until 3 p.m. on May 5, 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. 94-7540 Filed 3-29-94; 8:45 am]

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