[Federal Register Volume 77, Number 37 (Friday, February 24, 2012)]
[Rules and Regulations]
[Pages 10960-10962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4270]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0092]
RIN 1625-AA87
Security Zone, East River and Bronx Kill; Randalls and Wards
Islands, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary security zone on
the waters of the East River and Bronx Kill, in the vicinity of
Randalls and Wards Islands, New York. This security zone is necessary
to ensure the safety of the President of the United States, members of
his official party, and other senior government officials. The zone is
intended to restrict vessels from a portion of the East River and Bronx
Kill when public officials are scheduled to arrive and depart the area.
Persons or vessels may not enter this security zone without permission
of the Captain of the Port New York (COTP) or the COTP's designated on-
scene representative.
DATES: This rule is effective from 4 p.m. until 11:30 p.m. on Thursday,
March 1, 2012.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2012-0092 and are available online
by going to http://www.regulations.gov, inserting USCG-2012-0092 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email Mr. Jeff Yunker, Waterways Management
Division, Coast Guard Sector New York; telephone 718-354-4195, email
[email protected]. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
[[Page 10961]]
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because specific information regarding the
event was not received in time to publish a NPRM and seek comments
before issuing a final rule before the effective date. Publishing an
NPRM and delaying the effective date would be contrary to the public
interest since the occasion would occur before a notice and comment
rulemaking could be completed, thereby potentially jeopardizing the
safety of the President of the United States, members of his official
party, and other senior government officials.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register for the reasons in the preceding
paragraph.
Basis and Purpose
The legal basis for this rule is 33 U.S.C. 1226 and 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1,
6.04-6, 160.5; Department of Homeland Security Delegation No. 0170.1,
which collectively authorize the Coast Guard to establish security
zones.
The United States Secret Service requested that the Coast Guard
establish a security zone on the waters of the East River and Bronx
Kill during the arrival and departure of the President of the United
States to and from Randalls and Wards Islands, New York. The purpose of
the temporary security zone is to facilitate the security and safety of
the President of the United States during his visit to New York City.
Discussion of Rule
The temporary security zone is effective on March 1, 2012, from 4
p.m. until 11:30 p.m. The security zone is located on a portion of the
East River and the Bronx Kill. The East River security zone is
approximately 1,500 yards to 2,150 yards long and 290 yards to 860
yards wide. The Bronx Kill security zone is approximately 430 yards
long and 30 yards to 340 yards wide. Specific geographic locations are
specified in the regulatory text. Vessels or persons violating this
rule are subject to the penalties set forth in 33 U.S.C. 1232 and 50
U.S.C. 192.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, as supplemented by Executive Order 13563,
Regulatory Planning and Review, 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.
This determination is based on the limited time that vessels will
be restricted from the zone. The temporary security zone will only be
in effect for less than eight hours on March 1, 2012. The Coast Guard
expects minimal adverse impact to mariners from the zone's activation
based on the limited duration of the enforcement period, the limited
geographic area affected and because affected mariners may request
authorization from the COTP or the designated on-scene representative
to transit the zone.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: The owners and operators of vessels intending to
transit or anchor in a portion of the East River or Bronx Kill, in the
vicinity of Randalls or Wards Islands, NY, during the effective period.
This temporary security zone will not have a significant economic
impact on a substantial number of small entities for the following
reasons: The security zone is of limited size and duration. Persons or
vessels may request permission to transit the security zone from the
COTP or the designated on-scene representative.
Additionally, before and during the effective period, the Coast
Guard will issue maritime advisories widely available to users of the
waterway, including verbal broadcast notice to mariners and distribute
a written notice to waterway users online at http://homeport.uscg.mil/newyork.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the
[[Page 10962]]
effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves establishment of a
temporary security zone on a portion of the East River and Bronx Kill
during the arrival and departure of the President of the United States
to and from Randalls and Wards Islands. An environmental analysis
checklist and a categorical exclusion determination will be available
in the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine security, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701; 50 U.S.C.
191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295,
116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T01-0092 to read as follows:
Sec. 165.T01-0092 Security Zone, East River and Bronx Kill; Randalls
and Wards Islands, NY
(a) Location. The following area is a temporary security zone: All
waters of the East River between the Hell Gate Rail Road Bridge (mile
8.2), and a line drawn from a point at approximate position
40[deg]47'27.12'' N, 073[deg]54'35.14'' W (Lawrence Point, Queens) to a
point at approximate position 40[deg]47'52.55'' N, 073[deg]54'35.25'' W
(Port Morris Stacks), and all waters of the Bronx Kill southeast of the
Bronx Kill Rail Road Bridge (mile 0.6).
(b) Definitions. For purposes of this section ``Designated on-scene
representative'' is any Coast Guard commissioned, warrant, or petty
officer who has been designated by the COTP to act on the COTP's
behalf.
(c) Effective period. This section is effective from 4 p.m. until
11:30 p.m. on March 1, 2012.
(d) Regulations. (1) All persons are required to comply with the
general regulations governing security zones found in 33 CFR 165.33.
(2) Entry, transit, or anchoring within the security zone described
in paragraph (a) of this section is prohibited unless authorized by the
COTP or the COTP's designated representative. The designated on-scene
representative may be on a Coast Guard vessel, or onboard a federal,
state, or local agency vessel that is authorized to act in support of
the Coast Guard.
(3) The COTP will provide notice of this security zone by
appropriate means, which may include but are not limited to a Local
Notice to Mariners or Broadcast Notice to Mariners.
(4) Vessel operators given permission to enter or operate in the
security zone must comply with all directions given to them by the COTP
or the designated on-scene representative. Those vessels may be
required to anchor or moor up to a waterfront facility.
(5) Vessel operators desiring to enter or operate within the
security zone shall telephone the COTP at 718-354-4356 or the
designated on-scene representative via VHF channel 16 to obtain
permission to do so.
Dated: February 14, 2012.
G.P. Hitchen,
Captain, U.S. Coast Guard, Acting Captain of the Port New York.
[FR Doc. 2012-4270 Filed 2-23-12; 8:45 am]
BILLING CODE 9110-04-P