Safety Zone; Port of New York/New Jersey Fleet Week

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD1-98-170]

RIN 2121-AA97

Safety Zone; Port of New York/New Jersey Fleet Week

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing five safety zones in New York

Harbor's Upper Bay and the Hudson River that will be activated annually

for the Fleet Week Parade of Ships, for Air and Sea demonstrations, and

for the departure of the participating U.S. Navy Aircraft or Helicopter

Carrier. This action is necessary to provide for the safety of life on

navigable waters during the event. This action is intended to restrict

vessel traffic on a portion of New York Harbor's Upper Bay and the

Hudson River .

DATES: This final rule is effective annually from 8 a.m. on the

Wednesday before Memorial Day until 4 p.m. on the Wednesday following

Memorial Day.

ADDRESSES: Documents as indicated in this preamble are available for

inspection or copying at Coast Guard Activities New York, 212 Coast

Guard Drive, room 205, Staten Island, New York 10305, between 8 a.m.

and 3 p.m., Monday through Friday, except Federal holidays. The

telephone number is (718) 354-4193.

FOR FURTHER INFORMATION CONTACT: Lieutenant J. Lopez, Waterways

Oversight Branch, Coast Guard Activities New York, (718) 354-4193.

SUPPLEMENTARY INFORMATION:

Regulatory History

On February 24, 1999, the Coast Guard published a notice of

proposed rulemaking (NPRM), entitled Safety Zone: Port of New York/New

Jersey Fleet Week in the Federal Register (64 FR 9107). The Coast Guard

received no letters commenting on the proposed rulemaking. No public

hearing was requested, and none was held.

Good cause exists for making this regulation effective less than 30

days after Federal Register publication. Due to the date of publication

for this regulation's NPRM with 60-day comment period, there was

insufficient time to draft and publish the final rule 30 days before

its effective date. Any delay encountered in this regulation's

effective date would be contrary to pubic interest since immediate

action is needed to prevent traffic from transiting a portion of New

York Harbor's Upper Bay and Hudson River and provide for the safety of

life on navigable waters during this annual event. Additionally, the

public was notified of this event when the NPRM was published in the

Local Notice of Mariners on March 2, 1999.

Background and Purpose

The Intrepid Sea, Air and Space Museum, Manhattan, NY, sponsors the

annual Fleet Week Parade of Ships, as well as associated Sea and Air

demonstrations. These events take place annually from the Wednesday

before Memorial Day to the Wednesday following Memorial Day on the

waters of New York Harbor's Upper Bay and the Hudson River. The Coast

Guard expects no more than 500 spectator craft for these events.

Parade of Ships

The Coast Guard is establishing three safety zones for the actual

parade of ships on the Wednesday before Memorial Day. The first zone is

a moving safety zone for the Parade of Ships to include all waters 500

yards ahead and astern, and 200 yards on each side of the designated

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

and New Jersey from the Verrazano Narrows Bridge to Riverside State

Park on the Hudson River between West 137th and West 144th Streets,

Manhattan.

The second zone established for the parade of ships expands from

the column of parade vessels east to the Manhattan shoreline between

Piers 83 and 90. This expansion gives the public an unobstructed view

of the parade of ships from the pierside reviewing stand.

The third zone activates as each vessel leaves the parade of ships

and proceeds to its berthing area. The moving safety zone will expand

to include all waters within a 200-yard radius of each vessel until it

is safely berthed.

These three safety zones are effective annually from 8 a.m. until 5

p.m. on the Wednesday before Memorial Day. They are 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 and

the Hudson river in close proximity. These vessels have limited

maneuverability and require a clear traffic lane to safely navigate.

Air and Sea Demonstration

The Coast Guard is establishing a safety zone for the Fleet Week

Sea and Air demonstrations held on and over the Hudson River between

Piers 83 and 90. This safety zone includes all waters of the Hudson

River bound by the following points: from the southeast corner of Pier

90, Manhattan, where it intersects the seawall, west to approximate

position 40 deg.46'10''N 074 deg.00'13''W (NAD 1983), south to

approximate position 40 deg.45'54''N 074 deg.00'25''W (NAD 1983), then

east to the northeast corner of Pier 83 where it intersects the

seawall. This safety zone is effective annually from 10 a.m. until 5

p.m., Friday through Monday, Memorial Day weekend. It is needed to

protect boaters and demonstration participants from the hazards

associated with military personnel demonstrating the capabilities of

aircraft and watercraft in a confined area of the Hudson River. This

safety zone prevents vessels from transiting only a portion of the

Hudson River. Marine traffic will still be able to transit through the

western 600 yards of the 950-yard wide Hudson River during the Sea and

Air demonstrations. Vessels moored at piers within the safety zone,

however, will not be allowed to transit from their moorings without

permission from the captain of the Port, New York, during the effective

periods of the safety zone. The Captain of the Port does not anticipate

any negative impact on recreational or commercial vessel traffic due to

this safety zone.

U.S. Navy Vessel Departure

Finally, the Coast Guard is establishing a moving safety zone for

the departure of the participating U.S. Navy Aircraft or Helicopter

Carrier in this annual event. This safety zone includes all waters 500

yards ahead and astern, and 200 yards on each side of the vessel as it

transits the Port of New York and New Jersey from its mooring at the

Intrepid Sea, Air and Space Museum, Manhattan, to the COLREGS

Demarcation line at Ambrose Channel Entrance Lighted Bell Buoy 2 (LLNR

34805). The regulation is effective

[[Page 24946]]

annually, on the Wednesday following Memorial Day. Departure time is

dependent on tide, weather, and granting of authority for departure by

the Captain of the Port, New York. The safety zone 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. It provides a clear

traffic lane for the U.S. Navy ship to safely navigate from its berth.

The specific ship which this moving safety zone applies to will be

published in the Local Notice to Mariners and broadcast by maritime

information broadcasts and facsimile prior to the start of Fleet Week

events.

Discussion of Comments and Changes

The Coast Guard received no letters commenting on the proposed

rulemaking. No changes were made to the proposed rule.

Regulatory Evaluation

This final 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 final rule to

be so minimal that a full Regulatory Evaluation under paragraph 10e of

the regulatory policies and procedures of DOT is unnecessary. Although

this regulation prevents traffic from transiting a portion of New York

Harbor's Upper Bay and the Hudson River during the event, the effect of

this regulation will not be significant for the following reasons: the

regulations will be in effect for barely a week a year; the maritime

community will receive extensive advance notice through Local Notices

to Maritimers, facsimile, and marine information broadcasts; Fleet Week

is an annual event with local support; at no time will any of the

affected waterways be entirely closed to marine traffic; alternative

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; and similar safety zones have been established

for several past Fleet Week parades and Sea and Air demonstrations with

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

port. These safety zones have been narrowly tailored to impose the

least impact on maritime interests yet provide the level of safety

deemed necessary.

Small Entities

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

Coast Guard considered whether this rule 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 and operated and are not dominant in their

fields, and governmental jurisdictions with populations of less than

50,000.

For the reasons stated in the Regulatory Evaluation section above,

the Coast Guard certifies under 5 U.S.C. 605(b) that this final rule

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

small entities.

Collection of Information

This final rule does not provide for a collection of information

under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this final rule under the principles

and criteria contained in Executive Order 12612 and has determined that

this final rule does not have sufficient implications for federalism to

warrant the preparation of a Federalism Assessment.

Unfunded Mandates

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) [Pub.

L. 104-4, 109 Stat. 48] requires Federal agencies to assess the effects

of certain regulatory actions on State, local, and tribal governments,

and the private sector. UMRA requires a written statement of economic

and regulatory alternatives for rules that contain Federal mandates. A

Federal mandate is a new or additional enforceable duty imposed on any

State, local, or tribal government, or the private sector. If any

Federal mandate causes those entities to spend, in the aggregate, $100

million or more in any one year, the UMRA analysis is required. This

final rule does not impose Federal mandates on any State, local, or

tribal governments, or the private sector.

Environment

The Coast Guard considered the environmental impact of this final

rule and concluded that under figure 2-1, paragraph 34(g), of

Commandant Instruction M16475.1C, this final rule is categorically

excluded from further environmental documentation. A ``Categorical

Exclusion Determination'' is available in the docket for inspection or

copying where indicated under ADDRESSES.

Other Executive Orders on the Regulatory Process

In addition to the statutes and Executive Orders already addressed

in this preamble, the Coast Guard considered the following executive

orders in developing this final rule and reached the following

conclusions:

E.O. 12630, Governmental Actions and Interference with

Constitutionally Protected Property Rights. This final rule will not

effect a taking of private property or otherwise have taking

implications under this Order.

E.O. 12875, Enhancing the Intergovernmental Partnership. This final

rule will not impose, on any State, local, or tribal government, a

mandate that is not required by statute and that is not funded by the

Federal government.

E.O. 12988, Civil Justice Reform. This final rule meets applicable

standards in sections 3(a) and 3(b)(2) of this Order to minimize

litigation, eliminate ambiguity, and reduce burden.

E.O. 13045, Protection of Children from Environmental Health Risks

and Safety Risks. This final rule is not an economically significant

rule and does not concern an environmental risk to safety

disproportionately affecting children.

List of Subject in 33 CFR Part 165

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

recordkeeping requirements, Security measures, Waterways.

Regulation

For the reasons discussed in the preamble, the Coast Guard amends

33 CFR 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),

6.04-6, 160.5; 49 CFR 1.46. Section 165.100 is also issued under

authority of Sec. 311, Pub. L. 105-383.

2. Add Sec. 165.163 to read as follows:

Sec. 165.163 Safety Zones; Port of New York/New Jersey Fleet Week.

(a) The following areas are established as safety zones:

(1) Safety Zone A--(i) Location. A moving safety zone for the

Parade of Ships including all waters 500 yards ahead and astern, and

200 yards of each

[[Page 24947]]

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

of New York and New Jersey from the Verrazano Narrows Bridge to

Riverside State Park on the Hudson River between West 137th and West

144th Streets, Manhattan.

(ii) Enforcement period. Paragraph (a)(1)(i) of this section is

enforced annually from 8 a.m. until 5 p.m. on the Wednesday before

Memorial Day.

(2) Safety Zone B--(i) Location. A safety zone including all waters

of the Hudson River between Piers 83 and 90, Manhattan, from the parade

column east to the Manhattan shoreline.

(ii) Enforcement period. Paragraph (a)(2)(i) of this section is

enforced annually from 8 a.m. until 5 p.m. on the Wednesday before

Memorial Day.

(3) Safety Zone C--

(i) Location. A moving safety zone including all waters of the

Hudson River within a 200-yard radius of each parade vessel upon its

leaving the parade of ships until it is safely berthed.

(ii) Enforcement period. Paragraph (a)(3)(i) of this section is

enforced annually from 8 a.m. until 5 p.m. on the Wednesday before

Memorial Day.

(4) Safety Zone D--

(i) Location. A safety zone including all waters of the Hudson

River bound by the following points: from the southeast corner of Pier

90, Manhattan, where it intersects the seawall, west to approximate

position 40 deg.46'10''N 074 deg.00'13''W (NAD 1983), south to

approximate position 40 deg.45'54''N 074 deg.00'25''W (NAD 1983), then

east to the northeast corner of Pier 83 where it intersects the

seawall.

(ii) Enforcement period. Paragraph (a)(4)(i) of this section is

enforced annually from 10 a.m. until 5 p.m., from Friday through

Monday, Memorial Day weekend.

(5) Safety Zone E--

(i) Location. A moving safety zone including all waters 500 yards

ahead and astern, and 200 yards on each side of the departing U.S. Navy

Aircraft or Helicopter Carrier as it transits the Port of New York and

New Jersey from its mooring at the Intrepid Sea, Air and Space Museum,

Manhattan, to the COLREGS Demarcation line at Ambrose Channel Entrance

Lighted Bell Buoy 2 (LLNR 34805).

(ii) Enforcement period. Paragraph (a)(5)(i) of this section is

enforced annually on the Wednesday following Memorial Day. Departure

time is dependent on tide, weather, and granting of authority for

departure by the Captain of the Port, New York.

(b) Effective period. This section is effective annually from 8

a.m. on the Wednesday before Memorial Day until 4 p.m. on the Wednesday

following Memorial Day.

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

165.23 apply.

(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. these personnel comprise commissioned, warrant, and petty

officers of the Coast Guard. Upon being hailed by a U. S. Coast Guard

vessel by siren, radio, flashing light, or other means, the operator of

a vessel shall proceed as directed.

Dated: April 29, 1999.

L.M. Brooks,

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

[FR Doc. 99-11686 Filed 5-7-99; 8:45 am]

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