# Safety Zone: Fleet Week 1997 Parade of Ships, Port of New York and New Jersey > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A97-9217 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** April 11, 1997 - **Citation:** 62 FR 17764 ## Text 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. ----------------------------------------------------------------------- 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] BILLING CODE 4910-14-M --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A97-9217. Public record. Not legal advice.