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Temporary Regulations: OPSAIL 2000/International Naval Review 2000 (INR 2000), Port of New York/New Jersey
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: February 7, 2000 (Volume 65, Number 25)]
[Proposed Rules]
[Page 5833-5844]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07fe00-37]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Parts 100, 110 and 165
[CGD01-99-050]
RIN 2115-AA97, AA98, AE46
Temporary Regulations: OPSAIL 2000/International Naval Review
2000 (INR 2000), Port of New York/New Jersey
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish temporary regulations
in New York Harbor, Sandy Hook Bay, the Hudson and East Rivers, and the
Kill Van Kull for OPSAIL 2000/INR 2000 activities. This action is
necessary to provide for the safety of life on navigable waters during
OPSAIL 2000/INR 2000. This action is intended to restrict vessel
traffic in portions of New York Harbor, Sandy Hook Bay, the Hudson and
East Rivers, and the Kill Van Kull.
DATES: Comments and related material must reach the Coast Guard on or
before March 23, 2000.
ADDRESSES: You may mail comments and related material to the Waterways
Oversight Branch (CGD01-99-050), Coast Guard Activities New York, 212
Coast Guard Drive, Staten Island, New York 10305, or deliver them to
room 203 at the same address. Coast Guard Activities New York maintains
the public docket for this rulemaking. Comments and material received
from the public, as well as documents indicated in this preamble as
being available in the docket, will become part of this docket and will
be available for inspection or copying at room 205, the Waterways
Oversight Branch of Coast Guard Activities New York, between 8 a.m.,
e.s.t. and 3 p.m., e.s.t. 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
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD01-99-
050), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
81/2 by 11 inches, suitable for copying. If you would like to know they
reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the Waterways Oversight Branch of
Coast Guard Activities New York at the address under ADDRESSES
explaining why one would be beneficial. If we determine that one would
aid this rulemaking, we will hold one at a time and place announced by
a later notice in the Federal Register.
[[Page 5834]]
Background and Purpose
The proposed temporary regulations are for OPSAIL 2000/INR 2000
events held on New York Harbor, Sandy Hook Bay, the Hudson and East
Rivers, and the Kill Van Kull. These events will be held from July 2--
10, 2000. This rule is proposed to provide for the safety of life on
navigable waters and to protect the U.S. Navy vessels and Port of New
York and New Jersey during these events.
Discussion of Proposed Rule
The U.S. Navy is sponsoring the International Naval Review.
This event will consist of the anchoring of approximately 50 US and
foreign naval vessels in line between the Verrazano-Narrows Bridge and
the George Washington Bridge. A high level U.S. dignitary will transit
aboard a U.S. Navy vessel along this line as a ceremonial review.
Operation Sail, Inc. is sponsoring the seventh OPSAIL Parade of Tall
Ships, as well as a fireworks display co-sponsored by Macy's Inc.
Operation Sail will consist of a parade of sailing vessels from the
Verrazano-Narrows Bridge north past a reviewing stand aboard the USS
JOHN F. KENNEDY (CV-67) anchored in Federal Anchorage 21B in Upper New
York Bay. This parade will continue north to the George Washington
Bridge where these vessels will turn south and go to berth throughout
the Port of New York and New Jersey. These events are scheduled to take
place on July 4, 2000, in the Port of New York/New Jersey, on the
waters of New York Harbor, Sandy Hook Bay, the Hudson and East Rivers,
and the Kill Van Kull. The Coast Guard expects a minimum of 40,000
spectator craft for these events. The proposed regulations create
temporary anchorage regulations, vessel movement controls, and two
security zones. The regulations will be in effect at various times in
the Port of New York and New Jersey during the period June 29, 2000
through July 5, 2000. The vessel congestion due to the large number of
participating and spectator vessels poses a significant threat to the
safety of life. This proposed rulemaking is necessary to ensure the
safety of life on the navigable waters of the United States.
Regulated Areas
The Coast Guard proposes to establish two regulated areas in New
York Harbor that will be in effect from July 3--5, 2000. These two
proposed regulated areas are needed to protect the maritime public and
participating vessels from possible hazards to navigation associated
with; an International Naval Review conducted on the Hudson River and
New York Harbor Upper Bay, a Parade of Tall Ships transiting the waters
of Sandy Hook Bay, New York Harbor, and the Hudson River in close
proximity; fireworks fired from 18--21 barges on the Hudson and East
Rivers and in Upper New York Bay; and a large number of naval vessels,
Tall Ships, and spectator craft anchored in close proximity throughout
the duration of these events. These regulated areas include vessel
anchoring and operating restrictions.
Regulated Area A covers all waters of New York Harbor Lower Bay and
Sandy Hook Bay within the following boundaries: south of the Verrazano-
Narrows Bridge; west of a line drawn shore to shore along
074 deg.00'00" W (NAD 1983) between Coney Island, New York, and
Navesink, New Jersey; and east of a line drawn shore to shore along
074 deg.03'12" W (NAD 1983) between Fort Wadsworth, Staten Island, and
Leonardo, New Jersey and all waters of Ambrose Channel shoreward of
buoys 1 and 2. Please see Chartlet I, depicting Regulated Area A,
included with this NPRM for the convenience of the reader. This
proposed area is to be used as a staging area for vessels participating
in the Parade of Tall Ships. This proposed regulated area is effective
from 6 a.m., e.s.t. July 3, until 4 p.m., e.s.t. on July 4, 2000.
BILLING CODE 4910-15-U
[[Page 5835]]
[GRAPHIC] [TIFF OMITTED] TP07FE00.016
[[Page 5836]]
Regulated Area B covers all waters of New York Harbor, Upper Bay,
the Hudson, Harlem, and East Rivers, and the Kill Van Kull within the
following boundaries: south of 40 deg.52'39" N (NAD 1983) on the Hudson
River at Spuyten Duyvil Creek; west of the Throgsneck Bridge on the
East River; north of the Verrazano-Narrows Bridge; and east of a line
drawn from shore to shore along 074 deg.05'15" W (NAD 1983) between New
Brighton, Staten Island, and Constable Hook, New Jersey, in the Kill
Van Kull. Please see Charlet II , depicting Regulated Area B, included
with this NPRM for the convenience of the reader. This proposed area is
for the International Naval Review, the Parade of Tall Ships, and the
July 4th fireworks display. This proposed regulated area is effective
from 10:00 a.m., e.s.t. on July 3, 2000, until 10 a.m., e.s.t. on July
5, 2000.
[[Page 5837]]
[GRAPHIC] [TIFF OMITTED] TP07FE00.017
[[Page 5838]]
Spectator vessels transiting Regulated Area A or B must do so at no
wake speed or at speeds not to exceed 10 knots, whichever is less. No
vessels other than OPSAIL 2000/INR 2000 vessels, their assisting tugs,
and enforcement vessels, may enter or navigate within the boundaries of
the Anchorage Channel or Hudson River in regulated Area B unless
specifically authorized by the Coast Guard Captain of the Port, New
York, or his on-scene representative. No vessel may anchor in the
Anchorage Channel or Hudson River outside of the designated spectator
anchorages in Regulated Area B at any time without authorization. The
operation of seaplanes, including taxiing, landing, and taking off, is
prohibited in Area B on July 3-4, 2000, without prior written
authorization from the Captain of the Port. Ferry services may operate
in Area B on July 3 and 5, 2000. On July 4, 2000 only those ferry
services with prior written authorization from the Coast Guard Captain
of the Port will be authorized to operate in this area.
No vessel, other than OPSAIL 2000/INR 2000 vessels, their assisting
tugs, and enforcement vessels, is permitted to transit the waters
between Governors Island and The Battery in southern Manhattan from 7
a.m., e.s.t. July 4, 2000 until the end of the Parade of Sail. Vessels
which must transit to or from the East River may only do so by using
Buttermilk Channel unless otherwise authorized by the Coast Guard
Captain of the Port, New York, or his on-scene representative.
Proposed Regulated Area A contains three anchorage grounds for use
by OPSAIL 2000/INR 2000 vessels only and it will also serve as a
staging area for the vessels participating in the Parade of Sail.
Proposed Regulated Area B contains anchorage grounds for OPSAIL 2000/
INR 2000 vessels and spectator craft. It contains the International
Naval Review of Ships on the Hudson River and New York Harbor's Upper
Bay, from the Verrazano-Narrows Bridge to the George Washington Bridge
(river mile 11.0). The International Naval Review will be conducted on
the morning of July 4, 2000 and consists of a column of approximately
50 International Naval Ships anchored in the Hudson River and New York
Harbor's Upper Bay along the western side of the Anchorage Channel. The
U.S. Navy Review Ship will transit south along this column from the
George Washington Bridge to the Verrazano-Bridge and conduct a review
of all the participating naval ships. After the INR, approximately 300
vessels will participate in the Parade of Sailing Vessels which will
take place in Area B between the Verrazano-Narrows Bridge and the
George Washington Bridge (river mile 11.0) on the Hudson River.
Additionally, Area B will contain 18-21 fireworks barges being used for
the July 4th fireworks display. Fireworks barges will be located in the
Hudson River between the Holland Tunnel Ventilators and West 65th
Street in Manhattan, in the East River between the southern tip of
Roosevelt Island and The Battery, and in the Anchorage Channel north of
the Verrazano-Narrows Bridge.
Anchorage Regulations
The Coast Guard also proposes to establish temporary Anchorage
Regulations for participating OPSAIL 2000/INR 2000 ships and spectator
craft. Some current Anchorage Regulations in 33 CFR 110.155 will be
temporarily suspended by this regulation and new Anchorage Grounds and
regulations will be temporarily established. Chartlets I, III, and IV
illustrate the proposed anchorage grounds and are included for the
convenience of the reader.
The proposed anchorage regulations designate selected current or
temporarily established Anchorage Grounds for spectator or OPSAIL 2000/
INR 2000 participant vessel use only. They restrict all other vessels
from using these Anchorage Grounds during a portion of the OPSAIL 2000/
INR 2000 event. The Anchorage Grounds are needed to provide viewing
areas for spectator vessels while maintaining a clear parade route for
the participating OPSAIL/INR vessels and to protect boaters and
spectator vessels from the hazards associated with the International
Naval Review and the Parade of Tall Ships.
The Coast Guard proposes to designate Anchorage Grounds 16, 17, and
18-A in the Hudson River in the vicinity of the George Washington
Bridge (river mile 11.0); and the temporarily established Liberty
Island Anchorage, Ellis Island Anchorage, Caven Point Anchorage, Jersey
Flats Anchorage and Robbins Reef Anchorage in New York Harbor's Upper
Bay, and a temporary Anchorage Ground from north of the Verrazano-
Narrows Bridge to Owls Head Park along the Brooklyn shoreline
exclusively for spectator vessel use from 12 noon on June 29, 2000,
until 12 noon on July 5, 2000.
The Coast Guard also proposes to designate Anchorage Grounds 21-B,
23-A, 23-B, and 24 in New York Harbor's Upper Bay for OPSAIL 2000/INR
2000 participant vessels. These regulations are effective from 3 a.m.,
e.s.t. July 1, 2000, through 6 p.m., e.s.t. July 5, 2000. Other vessels
may be authorized to use these anchorages on July 1 and 2, 2000 as
determined by the Captain of the Port, New York.
Additionally, the Coast Guard proposes to designate Anchorage
Ground 25 and a temporarily established Anchorage Ground covering
portions of Anchorage Grounds 26, 49-F and 49G in Sandy Hook Bay for
OPSAIL 2000/INR 2000 participant vessels. These proposed regulations
are effective from 6 a.m., e.s.t. July 2, 2000, through 4 p.m., e.s.t.
July 4, 2000.
The eastern portions of the Jersey Flats and Robbins Reef
Anchorages and the Narrows Temporary Anchorage Ground are for vessels
between 25 meters (82 feet) and 60 meters (197 feet) in length.
Anchorage 21-C is for vessels greater than 60 meters (197 feet).
Positioning within these three anchorages will be controlled by the
Captain of the Port, New York. Persons desiring to use these anchorages
must apply for a permit as outlined in the public notice titled Lottery
for Spectator Craft Viewing Anchorages for OPSAIL 2000/International
Naval review 2000 (INR 2000), Port of New York/New Jersey that was
published in the Federal Register on November 19, 1999 (64 FR 63362).
[[Page 5839]]
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[[Page 5840]]
[GRAPHIC] [TIFF OMITTED] TP07FE00.019
[[Page 5841]]
Security Zones
The Coast Guard proposes to establish a moving security zone for
all waters within 500 yards of the Review Ship for the International
Naval Review from 7 a.m., e.s.t. until 11 a.m., e.s.t. on July 4, 2000.
The Review Ship will be the U.S. Navy vessel that is anchored the
furthest north in the Hudson River at 7 a.m., e.s.t. on July 4, 2000.
This ship will get underway and transit down the Hudson River and Upper
New York Bay between the George Washington Bridge (river mile 11.0) and
the Verrazano-Narrows Bridge. The Review Ship will be easily
identifiable during its transit because it will be the only large U.S.
Navy vessel that is underway at this time in the Port of New York, and
it will be escorted by numerous U.S. Coast Guard small boats. A second
security zone is proposed for all waters within 500 yards of the USS
JOHN F. KENNEDY (CV-67), from 10 a.m., e.s.t. until 5 p.m., e.s.t. on
July 4, 2000 while in Anchorage 21-B and while being used as the
reviewing stand for the Parade of Sailing Vessels. These security zones
are needed to protect the Port of New York and New Jersey and U.S. Navy
vessels during the International Naval Review and Parade of Sailing
Vessels.
Regulatory Evaluation
This proposed 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. The Office of Management and Budget has not reviewed it
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).
We expect 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, Sandy Hook Bay, the Hudson and East Rivers, and the
Kill Van Kull during the events, the effect of this regulation will not
be significant for the following reasons: the limited duration that the
regulated areas will be in effect and the extensive advance
notifications that will be made to the maritime community via the Local
Notice to Mariners, facsimile, marine information broadcasts, New York
Harbor Operations Committee meetings, and New York area newspapers, so
mariners can adjust their plans accordingly. At no time will commercial
shipping access to Port Newark/Port Elizabeth facilities be prohibited.
Access to those areas may be accomplished using Raritan Bay, Arthur
Kill, Kill Van Kull, and Newark Bay as an alternate route. This will
allow the majority of the maritime industrial activity in the Port of
New York/New Jersey to continue, relatively unaffected. Similar
regulated areas were established for the 1986 and 1992 OPSAIL events.
Based upon the Coast Guard's experiences learned from these previous
events of a similar magnitude, these proposed regulations 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. 601-612), we
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises 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 discussed in the Regulatory Evaluation section
above, the Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities. This proposed rule would affect
the following entities, some of which might be small entities: the
owners or operators of vessels intending to transit or anchor in
portions of Lower and Upper New York Bay and the Hudson and East Rivers
during various times from July 2-10, 2000. These regulations would not
have a significant economic impact on a substantial number of small
entities for the following reasons. Although these regulations would
apply to a substantial portion of the Port of New York/New Jersey,
designated areas for viewing the Parade of Sailing Vessels and the
Fourth of July Fireworks are being established to allow for maximum use
of the waterways by commercial tour boats that usually operate in the
affected areas. Before the effective period, the Coast Guard would make
notifications to the public via mailings, facsimiles, the Local Notice
to Mariners and use of the sponsors Internet site. In addition, the
sponsoring organization, OPSAIL Inc., is planning to publish
information of the event in local newspapers, pamphlets, and television
and radio broadcasts.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Lieutenant J. Lopez, Coast Guard
Activities New York, Waterways Oversight Branch at (718) 354-4193.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
We have analyzed this proposed rule under E.O. 13132 and have
determined that this rule does not have implications for federalism
under that Order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided the funds to pay
those costs. This proposed rule would not impose an unfunded mandate.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under E.O. 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under E.O. 13045, Protection of
[[Page 5842]]
Children from Environmental Health Risks and Safety Risks. This rule is
not an economically significant rule and does not concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
Environment
We considered the environmental impact of this proposed rule and
concluded that, under figure 2-1, paragraph 34 (f, g, and h), of
Commandant Instruction M16475.lC, this proposed rule is categorically
excluded from further environmental documentation. These temporary
regulations establish special local regulations, anchorage grounds, and
security zones. A ``Categorical Exclusion Determination'' is available
in the docket where indicated under ADDRESSES.
List of Subjects
33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
33 CFR Part 110
Anchorage grounds.
33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR Parts 100, 110, and 165 as follows:
PART 100--MARINE EVENTS
1. The authority citation for part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233 through 1236; 49 CFR 1.46; 33 CFR
100.35.
2. Add temporary Sec. 100.T01-050 to read as follows:
Sec. 100.T01-050 OPSAIL 2000/ International Naval Review (INR) 2000,
Port of New York/New Jersey.
(a) Regulated areas. (1) Regulated Area A--(i) Location. All waters
of New York Harbor, Lower Bay and Sandy Hook Bay within the following
boundaries: south of the Verrazano-Narrows Bridge; west of a line drawn
shore to shore along 074 deg.00'00" W (NAD 1983) between Coney Island,
New York, and Navesink, New Jersey; and east of a line drawn shore to
shore along 074 deg.03'12" W (NAD 1983) between Fort Wadsworth, Staten
Island, and Leonardo, New Jersey, and all waters of Ambrose Channel
shoreward of buoys 1 and 2.
(ii) Enforcement period. Paragraph (a)(1)(i) of this section is
enforced from 6 a.m., e.s.t. July 3, until 4 p.m., e.s.t. on July 4,
2000.
(2) Regulated Area B.--(i) Location. All waters of New York Harbor,
Upper Bay, the Hudson and East Rivers, and the Kill Van Kull within the
following boundaries: south of 40 deg.52'39" N (NAD 1983) on the Hudson
River at Spuyten Duyvil Creek; west of the Throgsneck Bridge on the
East River; north of the Verrazano-Narrows Bridge; and east of a line
drawn from shore to shore along 074 deg.05'15" W (NAD 1983) between New
Brighton, Staten Island, and Constable Hook, New Jersey, in the Kill
Van Kull.
(ii) Enforcement period. Paragraph (a)(2)(i) of this section is
enforced from 10 a.m., e.s.t. on July 3, 2000, until 10 a.m., e.s.t. on
July 5, 2000.
(b) Special local regulations. (1) No vessel except OPSAIL 2000/INR
2000 participating vessels and their assisting tugs, spectator vessels,
and those vessels exempt from the regulations in this section, may
enter or navigate within Areas A and B, unless specifically authorized
by the Coast Guard Captain of the Port, New York, or his on-scene
representative.
(2) Vessels transiting Area B must do so at no wake speed or at
speeds not to exceed 10 knots, whichever is less.
(3) Notwithstanding paragraph (b)(1) of this section, no vessel,
other than OPSAIL 2000/INR 2000 Vessels, their assisting tugs, and
enforcement vessels, may enter or navigate within the boundaries of the
main shipping channels in Area B unless they are specifically
authorized to do so by Coast Guard Captain of the Port, New York, or
his on-scene representative. No vessel in Area B is permitted to cross
through the parade of sail, cross within 500 yards of the lead or last
vessel in the parade of sail, or maneuver alongside within 100 yards of
any OPSAIL 2000/INR 2000 Vessel unless authorized to do so by the
Captain of the Port.
(4) No vessel is permitted to anchor in the Anchorage Channel or
the Hudson River outside of the designated anchorages at any time
without authorization. Vessels which need to anchor to maintain
position will only do so in designated anchorage areas.
(5) No vessel, other than OPSAIL 2000/INR 2000 Vessels, their
assisting tugs, and enforcement vessels, is permitted to transit the
waters between Governors Island and The Battery in southern Manhattan
from 7 a.m., e.s.t. July 4, 2000 until the end of the Parade of Sailing
Vessels. Vessels which must transit to or from the East River may only
do so by using Buttermilk Channel, unless otherwise authorized by the
Coast Guard Captain of the Port, New York, or his designated on-scene
representative.
(6) Ferry services may operate in Area B on July 3 and 5, 2000. On
July 4, 2000 only those with prior written authorization from the Coast
Guard Captain of the Port will be authorized to operate in this area.
(7) The operation of seaplanes, including taxiing, landing, and
taking off, is prohibited in Area B on July 3-4, 2000, without prior
written authorization from the Captain of the Port.
(8) All spectator vessels must maintain their position in the
designated spectator craft anchorages during the fireworks display on
July 4th scheduled from 9 p.m., e.s.t. until 10:45 p.m., e.s.t.
(c) Effective period. This section is effective from 6 a.m., e.s.t.
on July 3, 2000, until 10 a.m., e.s.t. on July 5, 2000.
PART 110--ANCHORAGE REGULATIONS
1. The authority citation for part 110 continues to read as
follows:
Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035 and
2071; 49 CFR 1.46 and 33 CFR 1.05-1(g).
2. Effective June 29, 2000 through July 5, 2000, Sec. 110.155 is
amended as follows:
a. Add introductory text to the beginning of the section;
b. Add new paragraphs (c)(1)(ii), (c)(2)(ii) and (c)(3)(ii);
c. Paragraphs (d)(1) through (5), (d)(7) through (9), (d)(10)(i),
(d)(12)(i) and the introductory text of paragraph (d)(16) are suspended
and new paragraphs (d)(10)(ii), (d)(11)(iii), (d)(12)(iii) through
(iv), (d)(13)(vi), (d)(14)(iv), (d)(15)(iii), and (d)(17) through (20)
are added;
d. Add new paragraph (e)(1)(iii);
e. The Note to paragraph (f)(1) is suspended;
f. Paragraphs (m)(2)(i) through (ii) and (m)(3)(i) are suspended
and new paragraphs (m)(2)(iii) and (m)(3)(ii) are added;
g. Paragraph (n)(1) is suspended; and
h. Add new paragraph (o).
Sec. 110.155 Port of New York.
Mariners are cautioned that the areas designated as anchorage
grounds in this section have not been subject to any special survey or
inspection and that charts may not show all seabed obstructions or the
shallowest depths. In addition, the anchorages are in areas of
substantial currents, and not all anchorages are over good holding
ground. Mariners are advised to take
[[Page 5843]]
appropriate precautions when using these temporary anchorages. These
are not special anchorage areas. Vessels must display anchor lights, as
required by the navigation rules.
* * * * *
(c) * * *
(1) * * *
(ii) This anchorage is designated for the exclusive use of
spectator vessels less than 25 meters (82 feet) in length on a first
come, first served basis.
(2) * * *
(ii) See paragraph (c)(1)(ii) of this section.
(3) * * *
(ii) See paragraph (c)(1)(ii) of this section.
* * * * *
(d) * * *
(10) * * *
(ii) This anchorage is for OPSAIL 2000 participating vessels only.
(11) * * *
(iii) This anchorage is reserved for OPSAIL 2000/INR 2000
participating vessels. No other vessel may anchor or operate in this
area within 100 yards of OPSAIL 2000/INR 2000 participating vessels.
(12) * * *
(iii) This anchorage is for vessels greater than 60 meters (197
feet) in length. Persons desiring to use this anchorage must apply for
a permit as outlined in the public notice Lottery for Spectator Craft
Viewing Anchorages for OPSAIL 200/International Naval review 2000 (INR
2000), Port of New York/New Jersey that was published in the Federal
Register on November 19, 1999 (64 FR 63362).
(iv) This anchorage is available for vessels observing or
participating in OPSAIL 2000/INR 2000 festivities and which have been
authorized by the Coast Guard Captain of the Port, New York. No vessel
may anchor within this area without authorization to do so.
(13) * * *
(vi) See paragraph (d)(12)(iv) of this section.
(14) * * *
(iv) See paragraph (d)(12)(iv) of this section.
(15) * * *
(iii) See paragraph (d)(12)(iv) of this section.
* * * * *
(17) The anchorages in this paragraph are designated for the
exclusive use of spectator vessels less than 25 meters (82 feet) in
length on a first come, first served basis.
(i) Ellis Island Anchorage. That area bound by the following
points: 40 deg.41'55"N, 074 deg.02'56"W; 40 deg.41'29.5"N,
074 deg.02'05"W; 40 deg.41'42"N, 074 deg.02'00.5"W; 40 deg.41'55"N,
074 deg.01'58"W; 40 deg.42'05"N, 074 deg.01'57"W; 40 deg.42'20.5"N,
074 deg.02'06"W (NAD 1983); thence along the shoreline to the point of
beginning.
(ii) Liberty Island Anchorage. That area bound by the following
points: 40 deg.41'30.5"N, 074 deg.03'15.5"W; 40 deg.41'11.5"N,
074 deg.02'44"W; 40 deg.41'34"N, 074 deg.02'26.5"W; 40 deg.41'51.5"N,
074 deg.02'59.5"W (NAD 1983); thence along the shoreline to the point
of beginning.
(iii) Caven Point Anchorage. That area bound by the following
points: 40 deg.40'33"N, 074 deg.03'33"W; 40 deg.40'25"N,
074 deg.03'23"W; 40 deg.40'09.5"N, 074 deg.02'59"W; 40 deg.40'59.5"N,
074 deg.02'26.5"W; 40 deg.41'26"N, 074 deg.03'18"W (NAD 1983); thence
along the shoreline and the Caven Point Pier to the point of beginning.
(18) Jersey Flats Anchorage. That area bound by the following
points: 40 deg.39'57"N, 074 deg.04'00"W; 40 deg.39'50"N,
074 deg.03'56"W; 40 deg.39'35"N, 074 deg.03'22"W; 40 deg.40'02.5"N,
074 deg.03'04"W; 40 deg.40'53"N, 074 deg.04'17"W (NAD 1983); thence
along the shoreline to the point of beginning.
(i) The area west of the eastern end of the Global Marine Terminal
Pier is for the exclusive use of spectator vessels less than 25 meters
(82 feet) in length on a first come, first served basis. The area east
of the eastern end of the Global Marine Terminal Pier is for vessels
between 25 meters (82 feet) and 60 meters (197 feet) in length.
(ii) Persons desiring to use this anchorage must apply for a permit
as outlined as outlined in the public notice Lottery for Spectator
craft Viewing Anchorages for OPSAIL 200/International Naval review 2000
(INR 2000), Port of New York/New Jersey that was published in the
Federal Register on November 19, 1999 (64 FR 63362).
(19) Robbins Reef Anchorage. That area bound by the following
points: 40 deg.39'19.5"N, 074 deg.05'10"W; 40 deg.39'00"N,
074 deg.03'46"W; 40 deg.39'22"N, 074 deg.03'29"W; 40 deg.39'49.5"N,
074 deg.04'06"W; (NAD 1983); thence along the shoreline to the point of
beginning.
(i) The area west of the eastern end of the Military Ocean Terminal
Pier is for the exclusive use of spectator vessels less than 25 meters
(82 feet) in length on a first come, first served basis. The area east
of the eastern end of the Military Ocean Terminal Pier is for vessels
between 25 meters (82 feet) and 60 meters (197 feet) in length.
(ii) Persons desiring to use this anchorage must apply for a permit
as outlined in the public notice Lottery for Spectator craft Viewing
Anchorages for OPSAIL 2000/International Naval review 2000 (INR 2000),
Port of New York/New Jersey that was published in the Federal Register
on November 19, 1999 (64 FR 63362).
(20) All vessels anchored in the anchorages described in paragraphs
(d)(17 through 19) of this section must comply with the requirements in
paragraphs (d)(16)(iii through vii) of this section. Any vessel
anchored in or intending to anchor in Federal Anchorage 21-A through
21-C, 23-A, 23-B, 24 or 25 must comply with the requirements in
paragraphs (d)(16)(i) through (x) of this section.
(e) * * *
(1) * * *
(iii) No vessel other than OPSAIL 2000/INR 2000 Vessels and their
designated assist tugs may anchor and/or approach within 100 yards of
any OPSAIL 2000/INR 2000 Vessel navigating or anchored in this area.
* * * * *
(m) * * *
(2) * * *
(iii) Anchorage No. 49-F is reserved for vessels as set out in
paragraph (o)(2) of this section.
(3) * * *
(ii) Anchorage No. 49-G is reserved for vessels as set out in
paragraph (o)(2) of this section.
* * * * *
(o) Temporary anchorage grounds. (1) Narrows anchorage: That area
bound by the following points: 40 deg.38'17" N, 074 deg.02'18.5"W;
40 deg.38'22"N, 074 deg.02'39"W; 40 deg.38'02.5"N, 074 deg.02'47.5"W;
40 deg.37'21.5"N, 074 deg.02'48.5"W; 40 deg.36'31"N, 074 deg.02'34"W;
40 deg.36'36.5"N, 074 deg.02'15.5"W; 40 deg.36'53.5"N,
074 deg.02'28.5"W; 40'37'13"N, 074 deg.02'34"W; 40 deg.37'44"N,
074 deg.02'33"W; thence to the point of beginning at 40 deg.38'17"N,
074 deg.02'18.5"W (NAD 1983).
(i) This anchorage is designated for the exclusive use of spectator
vessels between 25 meters (82 feet) and 60 meters (197 feet) in length.
Persons desiring to use this anchorage must apply for a permit as
outlined in the public notice Lottery for Spectator craft Viewing
Anchorages for OPSAIL 2000/International Naval review 2000 (INR 2000),
Port of New York/New Jersey that was published in the Federal Register
on November 19, 1999 (64 FR 63362).
(ii) Effective period. Paragraph (o)(1) of this section is
effective from 12 p.m., e.s.t. on July 2, 2000, through 12 noon on July
5, 2000.
(2) Sandy Hook Bay Anchorage: That area bound by the following
points: 40 deg.28'30"N, 074 deg.01'42"W; 40 deg.27'56"N,
074 deg.01'35"W; 40 deg.27'54"N, 074 deg.01'25"W; 40 deg.26'00"N,
074 deg.00'58"W; 40 deg.26'00"N, 074 deg.02'00"W; 40 deg.26'29"N,
074 deg.02'51"W;
[[Page 5844]]
40 deg.27'29"N, 074 deg.02'10"W; 40 deg.27'40"N, 074 deg.02'36"W;
40 deg.28'07"N, 074 deg.02'19"W (NAD 1983); thence along the shoreline
to the point of beginning.
(i) This anchorage sets aside Anchorage No. 49-F and a portion of
Anchorage No. 26, as described in paragraph (f)(1) of this section, for
the exclusive use of OPSAIL 2000/INR 2000 Vessels.
(ii) No vessels other than OPSAIL 2000/INR 2000 naval and Tall
Ships, their designated assist tugs, and enforcement vessels may
anchor, loiter, or approach within 100 yards of any OPSAIL 2000/INR
2000 Vessel when it is navigating or at anchor in this area.
(iii) Effective period. Paragraph (o)(2) of this section is
effective from 6 a.m., e.s.t. on July 2, 2000, through 4 p.m., e.s.t.
on July 4, 2000.
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, 160.5; 49 CFR 1.46.
2. Add temporary Sec. 165.T01-050 to read as follows:
Sec. 165.T01-050 Security Zones: International Naval Review (INR)
2000, Hudson River and Upper New York Bay.
(a) The following areas are established as security zones:
(1) Security zone A.--(i) Location: This security zone includes all
waters within 500 yards of the U.S. Navy review ship and the zone will
move with the review ship as it transits the Hudson 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.
(ii) [Reserved]
(b) [Reserved]
Dated: January 14, 2000.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 00-2245 Filed 2-4-00; 8:45 am]
BILLING CODE 4910-15-U