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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-98-170]

RIN 2121-AA97

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

AGENCY: Coast Guard, DOT.

ACTION: Notice of Proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish 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 arrival or 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: Comments must be received on or before April 26, 1999.

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ADDRESSES: Comments may be mailed to the Waterways Oversight Branch

(CGD01-98-170), Coast Guard Activities New York, 212 Coast Guard Drive,

Staten Island, New York 10305, or delivered to room 205 at the same

address between 8 a.m. and 3 p.m., Monday through Friday, except

Federal holidays.

The Waterways Oversight Branch of Coast Guard Activities New York

maintains the public docket for this rulemaking. Comments and documents

as indicated in this preamble, will become part of this docket and will

be available for inspection or copying at room 205, Coast Guard

Activities New York, between 8 a.m. and 3 p.m., Monday through Friday,

except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant J. Lopez, Waterways

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

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 rulemaking (CGD01-98-170) and the specific section of

this document to which each comment applies, and give the reason for

each comment. Please submit two copies of all comments and attachments

in an unbound format, on larger than 8\1/2\ by 11 inches, suitable for

copying and electronic filing. Persons wanting acknowledgment of

receipt of comments should enclose stamped, self-addressed postcards or

envelopes.

The Coast Guard will consider all comments received during the

comment period. It may change this proposed rule in view of the

comments.

The Coast Guard plans no public hearing. Persons may request a

public hearing by writing to the Waterways Oversight Branch at the

address under ADDRESSES. The request should include the reasons why a

hearing would be beneficial. If it determines 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.

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 proposes to establish three safety zones for the

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

proposed 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 designed column of parade vessels as the column transits

the Port of New York and New Jersey from the Verranzano 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 84 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 also proposes to establish a safety zone for the

Fleet Week Sea and Air demonstrations held on and over the Hudson River

between Piers 83 and 90. This proposed 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 proposes to establish a moving safety zone

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

carrier in this annual event. This proposed 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 proposed regulation is effective 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 proposed 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 via marine

information broadcasts and facsimile before the start of Fleet Week

events.

Discussion of Proposed Rule

The new safety zones are being proposed to provide for the safety

of life on navigable waters during the event, to give the marine

community the opportunity to comment on the exclusion areas, and to

decrease the amount of annual paperwork required for this event.

Regulatory Evaluation

This proposed rule is not a significant regulatory action under

section 3(f) of

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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 proposed 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 Mariners, 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 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 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 proposed

rule, if adopted, will not have a significant economic impact on a

substantial number of small entities. If, however, you think that your

business or organization qualifies as a small entity and that this

proposed rule will have a significant economic impact on your business

or organization, please submit a comment (see ADDRESSES) explaining why

you think it qualifies and in what way and to what degree this proposed

rule will economically affect it.

Collection of Information

This proposed 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 proposed rule under the

principles and criteria contained in Executive Order 12612 and has

determined that this proposed rule does not have sufficient

implications for federalism to warrant the preparation of a Federalism

Assessment.

Unfunded Mandates

Under the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), the

Coast Guard must consider whether this rule will result in an annual

expenditure by state, local, and tribal governments, in the aggregate

of $100 million (adjusted annually for inflation). If so, the Act

requires that a reasonable number of regulatory alternatives be

considered, and that, from those alternatives, the least costly, most

cost-effective, or least burdensome alternative that achieves the

objective of the rule be selected. No state, local, or tribal

government entities will be affected by this rule, so this rule will

not result in annual or aggregate costs of $100 million or more.

Therefore, the Coast Guard is exempt from any further regulatory

requirements under the Unfunded Mandates Act.

Environment

The Coast Guard considered the environmental impact of this

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

Commandant Instruction M16475.1C, this proposed 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.

List of Subjects in 33 CFR Part 165

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

recordkeeping requirements, Security measures, Waterways.

Proposed Regulation

For the reasons discussed 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. 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 on each

side of the designated column of parade vessels at 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 84 and 90, Manhattan, from the parade column east

to the Manhattan shoreline.

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

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

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

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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) Endorcement period. Paragraph (a)(5)(i) of this section

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: February 11, 1999.

R.E. Bennis,

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

[FR Doc. 99-4590 Filed 2-23-99; 8:45 am]

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