Safety Zone: USS AMERICA, Fleet Week '95, Port of New York and New Jersey

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-95-023]

RIN 2115-AA97

Safety Zone: USS AMERICA, Fleet Week '95, Port of New York and

New Jersey

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 24, 1995, and May 31, 1995, for the arrival and departure of the

USS AMERICA for Fleet Week '95. This moving safety zone would be

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

USS AMERICA as it transits the Port of New York and New Jersey between

Ambrose Channel Lighted Whistle Buoy ``A'' and its berth.

DATES: Comments must be received on or before April 17, 1995.

ADDRESSES: Comments should be mailed to U.S. Coast Guard Group, New

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

delivered to the Maritime Planning Staff, Bldg. 108, between 8 a.m. and

4 p.m., Monday through Friday, except Federal holidays. Any person

wishing to visit the office must contact the Maritime Planning Staff at

(212) 668-7934 to obtain advance clearance, due to the fact that

Governors Island is a military installation with limited access.

FOR FURTHER INFORMATION CONTACT:

Lieutenant (Junior Grade) K. Messenger, Maritime Planning Staff Chief,

Coast Guard Group, New York, (212) 668-7934.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written data, views, or arguments. A 30

day comment period is deemed to be sufficiently reasonable notice to

all interested persons. Since this proposed rulemaking is neither

complex nor technical, a longer comment period is unnecessary and

contrary to the public interest. Any delay in publishing a final rule

would effectively cancel this event.

Persons submitting comments should include their names and

addresses, identify this notice (CGD01-95-023) 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 LTJG K. Messenger, Project Manager,

Coast Guard Group New York and LCDR J. Stieb, Project Attorney, First

Coast Guard District, Legal Office.

Background and Purpose

The Intrepid Museum Foundation is sponsoring Fleet Week '95. The

USS AMERICA has been designated as the Fleet Week Flagship and will be

entering the Port of New York and New Jersey on May 24, 1995, to

participate in the various activities associated with this celebration.

USS AMERICA intends to depart the Port of New York and New Jersey

following the completion of Fleet Week on May 31, 1995. This regulation

would be effective during the arrival and departure of the USS AMERICA

on May 24, 1995, from 9:15 a.m. until 3 p.m., and on May 31, 1995, from

7:30 a.m. until 1 p.m. unless extended or terminated sooner by the

Coast Guard Captain of the Port, New York. The regulation would

establish a moving safety zone within 500 yards fore and aft and 200

yards to each side of the USS AMERICA, as it transits the Port of New

York and New Jersey between Ambrose Channel Lighted Whistle Buoy ``A'',

at or near 40 deg.28.8' N. latitude, 73 deg.53.7' W. longitude, and its

berth. The exact berthing location is unknown at this time. It will be

announced in the final rule and will broadcast via Marine Information

Broadcast with the announcement of the effective date and time of the

safety zone. No vessels will be permitted to enter or move within this

moving safety zone unless authorized by the Captain of the Port, New

York.

This regulation is needed to protect the maritime public from

possible hazards to navigation associated with a large naval vessel

transiting the Port of New York and New Jersey with limited

maneuverability in restricted waters, and requiring a clear traffic

lane in order to safely navigate to and from its berth.

Regulatory Evaluation

This proposal is not a significant regulatory action under section

3(f) of Executive Order 12866 and does not require an assessment of

potential costs and benefits under section 6(a)(3) of that order. It

has been exempted from the review by the Office of Management and

Budget under that order. It is not significant under the regulatory

policies and procedures of the Department of Transportation (DOT) (44

FR 11040; February 26, 1979). The Coast Guard expects the economic

impact of this proposal to be so minimal that a full Regulatory

Evaluation under paragraph 10(e) of the regulatory policies and

procedures of DOT is unnecessary. This moving safety zone would prevent

vessels from transiting portions of the [[Page 14243]] Port of New York

and New Jersey on May 24, 1995, from 9:15 a.m. until 3 p.m., and on May

31, 1995, from 7:30 a.m. until 1 p.m., unless extended or terminated

sooner by the Coast Guard Captain of the Port, New York. Although 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 would be affected for a prolonged period of time. This safety

zone prevents vessels from approaching within 500 yards fore and aft

and 200 yards on either side of the aircraft carrier USS AMERICA. These

distances are less than the typical safe passage distances normally

required for large vessels and aircraft carriers. Additionally,

recreational traffic can transit on either side of the safety zone on

most major waterbodies and waterways within the Port. Alternate routes

are also available to commercial and recreational vessels traffic that

can safely transit the Harlem and East Rivers, Kill Van Kull, Arthur

Kill, and Buttermilk Channel. Similar safety zones have been

established for arrivals and departures of large naval vessels with

minimal or no disruption to vessel traffic or other interests in the

port. In addition extensive, advance advisories will be made to the

maritime community so that they can adjust their plans accordingly. For

all the above reasons, 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 proposal to be minimal. The Coast Guard

certifies under 5 U.S.C. 605(b) that this proposal 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 this

proposal and concluded that under section 2.B.2.e. of Commandant

Instruction M16475.1B, it is categorically excluded from further

environmental documentation. A Categorical Exclusion Determination is

included in the docket.

List of Subjects in 33 CFR Part 165

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

recordkeeping requirements, Security measures, Vessels, 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 section, 165.T01-023 is added to read as follows:

Sec. 165.T01-023 USS AMERICA, Fleet Week '95, Port of New York and New

Jersey.

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

500 yards fore and aft and 200 yards to each side of the USS AMERICA,

as it transits the Port of New York and New Jersey between Ambrose

Channel Lighted Whistle Buoy ``A'', at or near 40 deg.28.8' N latitude,

73 deg.53.7' W longitude, and its berth.

(b) Effective period. This section is effective on May 24, 1995,

from 9:15 a.m. until 3 p.m., and on May 31, 1995, from 7:30 a.m. until

1 p.m., unless extended or terminated sooner by the Captain of the

Port, New York.

(c) Regulations. (1) 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.

Dated: March 9, 1995.

T.H. Gilmour,

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

[FR Doc. 95-6430 Filed 3-15-95; 8:45 am]

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