Safety Zone: Fleet Week 1997 Parade of Ships, Port of New York and New Jersey

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-97-016]

RIN 2115-AA97

Safety Zone: Fleet Week 1997 Parade of Ships, 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 moving

safety zone for the Fleet Week 1997 Parade of Ships, from 7:30 a.m.

until 5:30 p.m. on May 21, 1997. This moving safety zone would include

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

designated column of parade vessels as it transits the Port of New York

and New Jersey. The moving safety zone will expand to include all

waters within a 200 yard radius of each vessel upon dispersal of the

parade column until each is safely moored.

DATES: Comments must be received on or before May 2, 1997.

ADDRESSES: Comments should be mailed to Lieutenant John W. Green,

Waterways Oversight Branch, Coast Guard Activities New York, Bldg. 108,

Governors Island, New York 10004-5006.

FOR FURTHER INFORMATION CONTACT: Lieutenant John W. Green, Chief,

Waterways Oversight Branch, Waterways Management Division, Coast Guard

Activities New York, (212) 668-7906.

SUPPLEMENTARY INFORMATION:

Background and Purpose

The Intrepid Museum Foundation is sponsoring a parade of U.S. Coast

Guard, U.S. Navy, and foreign naval ships through the Port of New York

and New Jersey on May 21, 1997. This proposed regulation will establish

a moving safety zone to include all waters 500 yards forward of the

lead parade vessel, 500 yards aft of the last parade vessel, and 200

yards on each side of the designated column of parade vessels as it

transits the Port of New York and New Jersey between the Verrazano

Narrows Bridge and the waters of the Hudson River west of Riverbank

State Park, between West 137th and West 144th Streets, Manhattan, New

York. As the vessels turn in the waters west of Riverbank State Park

and proceed southbound in the Hudson River, the moving safety zone will

expand to include all waters within a 200 yard

[[Page 17765]]

radius of each vessel from its turning point until safely berthed at

various locations within the Port of New York and New Jersey. The

safety zone will also expand briefly to include the waters of the

Hudson River between Piers 84 and 88, Manhattan, New York, from the

parade vessel column east to the Manhattan shoreline as the column

passes in front of Piers 84 through 88. The purpose of this expansion

is to allow the public an unobstructed view of the parade from the

pierside reviewing stand. This regulation is effective from 7:30 a.m.

to 5:30 p.m. on May 21, 1997. No vessel will be permitted to enter or

move within this 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 parade of naval

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

These vessels have limited maneuverability and require a clear traffic

lane to safely navigate.

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 (CGD01-97-016) 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 Waterways Oversight Branch 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.

Good cause exists for providing a comment period of less than 60

days. Due to the date final information concerning the event was

received, a comment period of greater than 21 days would not allow

sufficient time to publish a final rule prior to the scheduled date of

the event. Since this proposal is neither complex nor technical, a 21

day comment period is sufficient to provide reasonable notice of the

proposed regulation. This safety zone is identical to last year's which

caused little or no disruption to vessel traffic and maritime interests

will be provided extensive advance notifications. A longer comment

period would be impracticable, unnecessary, and contrary to the public

interest.

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. It

has not been reviewed 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 prevents vessels from transiting

portions of Upper New York Bay and the Hudson River in the Port of New

York and New Jersey on Wednesday, May 21, 1997. Although there is a

regular flow of traffic through this area, there is not likely to be a

significant impact on recreational or commercial vessel 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; commercial

and recreational vessels could transit on either side of the moving

safety zone except along the Manhattan side between Piers 84 and 88 as

the parade passes in front of these Piers; and alternate routes are

available for commercial and recreational vessels that can safely

navigate the Harlem and East Rivers, Kill Van Kull, Arthur Kill, and

Buttermilk Channel. Similar safety zones have been established for

several past Fleet Week parades of ships with minimal or no disruption

to vessel traffic or other interests in the port. In addition,

extensive, advance notifications will be made to the maritime community

so mariners can adjust their plans accordingly.

Collection of Information

This proposal contains no collection-of-information requirements

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

Federalism

The Coast Guard has analyzed this rule under the principles and

criteria contained in Executive Order 12612 and has determined that

this rule does not have sufficient federalism implications to warrant

the preparation of a Federalism Assessment.

Small Entities

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

Coast Guard considers whether this proposed rule, if adopted, will have

a significant economic impact on a substantial number of small

entities. ``Small entities'' include small businesses, not-for-profit

organizations that are independently owned or operated and are not

dominant in their fields, and governmental jurisdictions with

populations less than 50,000.

For the reasons discussed in the Regulatory Evaluation section, the

Coast Guard has determined that there is not likely to be a significant

impact on small entities. In addition, similar safety zones have been

established for several past Fleet Week parades of ships with minimal

or no disruption to vessel traffic or other interests in the port.

Environment

The Coast Guard considered the environmental impact of this rule

and concluded that, under 2.B.2.e.(34)(g) of Commandant Instruction

M16475.1B (as revised by 59 FR 38654, July 29, 1994), this safety zone

is categorically excluded from further environmental documentation. A

``Categorical Exclusion Determination'' is available in the docket for

inspection or copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

recordkeeping requirements, Security measures, Waterways.

Proposed Regulation

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

amend 33 CFR part 165 as follows:

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, and 160.5; 49 CFR 1.46.

2. A temporary section, 165.T01-016, is added to read as follows:

Sec. 165.T01-016 Safety Zone: Fleet Week 1997 Parade of Ships, Port of

New York and New Jersey.

(a) Location.

(1) 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 on

[[Page 17766]]

each side of the designated column of parade vessels as it transits

between the Verrazano Narrows Bridge and the waters of the Hudson River

west of Riverbank State Park, between West 137th and West 144th

Streets, Manhattan, New York.

(2) The moving safety zone includes all waters within a 200 yard

radius of each parade vessel from its turning point near Riverbank

State Park until the vessel is safely berthed at various locations in

the Port of New York and New Jersey.

(3) The safety zone includes all waters of the Hudson River between

Piers 84 and 88, Manhattan, New York, from the parade vessel column

east to the Manhattan shoreline as the column passes in front of Piers

84 through 88.

(b) This regulation is effective from 7:30 a.m. to 5:30 p.m. on May

21, 1997, unless extended or 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.

Dated: March 28, 1997.

Richard C. Vlaun,

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

[FR Doc. 97-9217 Filed 4-10-97; 8:45 am]

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