[Federal Register Volume 79, Number 188 (Monday, September 29, 2014)]
[Proposed Rules]
[Pages 58298-58301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23171]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2013-1009]
RIN 1625-AA87
Security Zones; Dignitary Arrival/Departure and United Nations
Meetings, New York, NY
AGENCY: Coast Guard, DHS.
ACTION: Notice of Proposed Rulemaking.
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SUMMARY: The Coast Guard proposes to amend 33 CFR 165.164 by
establishing three security zones to replace the three regulated
navigation areas (RNAs) currently contained within this section. The
Coast Guard also proposes to disestablish these three RNAs. The three
proposed security zones, just like the RNAs they replace, are meant to
promote public safety and to protect dignitaries who visit the United
Nations in New York, NY.
DATES: Comments and related material must be received by the Coast
Guard on or before October 29, 2014.
Requests for public meetings must be received by the Coast Guard on
or before October 6, 2014.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Jeff Yunker, Coast Guard Sector New York, Waterways
Management Division; telephone (718) 354-4195, email
[email protected] or Lieutenant Myles Greenway, Coast Guard First
District Waterways Management Branch, telephone (617) 223-8385, email
[email protected]. If you have questions on viewing or
submitting material to the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
MOA Memorandum of Agreement
NPRM Notice of Proposed Rulemaking
RNA Regulated Navigation Area
SNPRM Supplemental Notice of Proposed Rulemaking
UN United Nations
UNGA United Nations General Assembly
USSS United States Secret Service
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
type the docket number [USCG-2013-1009] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed
[[Page 58299]]
postcard or envelope. We will consider all comments and material
received during the comment period and may change the rule based on
your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2013-1009) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before October 6, 2014, using one of the methods
specified under ADDRESSES. Please explain why you believe a public
meeting 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.
B. Regulatory History and Information
On August 30, 2013, we published a final rule entitled ``Regulated
Navigation Areas, Security Zones: Dignitary Arrival/Departure and
United Nations Meetings, New York, NY in the Federal Register (78 FR
53671). In so doing, the Coast Guard, among other things, established
within 33 CFR 165.164 three RNAs on the waters of the East River and
Bronx Kill, in the vicinity of Wall Street Heliport, Randalls and Wards
Islands, and the United Nations Building, New York.
C. Basis and Purpose
The legal basis for this rule is 33 U.S.C. 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; Public Law 107-295, 116 Stat. 2064; and Department of Homeland
Security Delegation No. 0170.1, which collectively authorize the Coast
Guard to define security zones.
As mentioned above, the Coast Guard previously established three
RNAs on the waters of the East River and Bronx Kill, near Wall Street
Heliport, Randalls and Wards Islands, and the United Nations Building.
The primary purpose of these three RNAs is to protect dignitaries, such
as the President of the United States, who visit the United Nations.
Although these RNAs serve their intended purpose, the Coast Guard
proposes to replace them with security zones to best communicate the
federal government's security posture in these particular water areas.
D. Discussion of Proposed Rule
For the reasons discussed in the previous paragraph, the Coast
Guard proposes to amend 33 CFR 165.164 by establishing three security
zones to replace the three RNAs that currently exist in that section.
Specifically, the Coast Guard proposes to establish a security zone at
33 CFR 165.164(a)(1), (a)(2), and (a)(6) in place of the RNAs currently
described in those same three subparagraphs. Because these proposed
security zones will replace the three RNAs, the Coast Guard also
proposes to disestablish the three RNAs. The size, location,
boundaries, and enforcement periods for these three proposed security
zones will be identical to the size, location, boundaries, and
enforcement periods for the existing RNAs.
This proposed rule would make no substantive changes to the
security zones described at 33 CFR 165.164(a)(3), (a)(4), and (a)(5)
(respectively, the ``Marine Air Terminal, La Guardia Airport Security
Zone,'' ``United Nations Security Zone,'' and ``United Nations West
Channel Closure Security Zone''). As a purely administrative matter,
this proposed rule would re-title the security zones located at 33 CFR
165.164(a)(4) and (a)(5) to ``United Nations Manhattan Shoreline'' and
``United Nations West Channel Closure,'' respectively.
This proposed rule would revise 33 CFR 165.164 to contain six
security zones, each with the intended purpose of protecting
dignitaries visiting the United Nations. One of these security zones,
that located at 33 CFR 165.164(a)(4), would be subject to enforcement
at all times. All others would be subject to enforcement only
periodically, and the public would be notified of their enforcement in
accordance with 33 CFR 165.7.
E. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This determination is
based on the fact that the RNAs would simply be designated as security
zones as the more appropriate means to regulate the movement of vessels
or individuals in the areas. We are not proposing to make any changes
to the size, boundaries, or enforcement duration of these proposed
security zones.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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
proposed rule will not have a significant economic impact on a
substantial number of small entities.
This determination is based on the fact that the RNAs would simply
be designated as security zones as the more appropriate means to
regulate the movement of vessels or individuals in the areas. We are
not proposing to make any changes to the size, boundaries, or
enforcement duration of the proposed security zones.
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.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
[[Page 58300]]
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. 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 the person listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
4. Collection of Information
This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
determined that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. 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 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would 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.
9. Civil Justice Reform
This proposed 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.
10. Protection of Children From Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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.
12. Energy Effects
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed 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 made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. This proposed rule
involves designating three RNAs as security zones. This rule is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. A preliminary environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination will be available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this proposed
rule.
List of Subjects in 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 part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREA
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, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
0
2. Revise Sec. 165.164 to read as follows:
Sec. 165.164 Security Zones; Dignitary Arrival/Departure and United
Nations Meetings, New York, NY.
(a) Location. The following areas are security zones:
(1) Wall Street Heliport. All waters of the East River within the
following boundaries: East of a line drawn between approximate position
40[deg]42'01'' N, 074[deg]00'39'' W (east of The Battery) to
40[deg]41'36'' N, 074[deg]00'52'' W (point north of Governors Island)
and north of a line drawn from the point north of Governors Island to
the southwest corner of Pier 7 North, Brooklyn; and south of a line
drawn between 40[deg]42'14.8'' N, 074[deg]00'20.3'' W (Wall Street,
Manhattan), and the northwest corner of Pier 2 North, Brooklyn (NAD
1983).
(2) Randalls and Wards Islands 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) (NAD 1983).
(3) Marine Air Terminal, La Guardia Airport Security Zone: All
waters of Bowery Bay, Queens, New York, south of a line drawn from the
western end of La Guardia Airport at approximate position
40[deg]46'47'' N, 073[deg]53'05'' W to
[[Page 58301]]
the Rikers Island Bridge at approximate position 40[deg]46'51'' N,
073[deg]53'21'' W and east of a line drawn between the point at the
Rikers Island Bridge to a point on the shore in Queens, New York, at
approximate position 40[deg]46'36'' N, 073[deg]53'31'' W (NAD 1983).
(4) United Nations Manhattan Shoreline. All waters of the East
River bound by the following points: 40[deg]44'37'' N,
073[deg]58'16.5'' W (the base of East 35th Street, Manhattan), then
east to 40[deg]44'34.5'' N, 073[deg]58'10.5'' W (about 180 yards
offshore of Manhattan), then northeasterly to 40[deg]45'29'' N,
073[deg]57'26.5'' W (about 125 yards offshore of Manhattan at the
Queensboro Bridge), then northwesterly to 40[deg]45'31'' N,
073[deg]57'30.5'' W (Manhattan shoreline at the Queensboro Bridge),
then southerly along the shoreline to the starting point at
40[deg]44'37'' N, 073[deg]58'16.5'' W (NAD 1983).
(5) United Nations West Channel Closure. All waters of the East
River north of a line drawn from approximate position 40[deg]44'37'' N,
073[deg]58'16.5'' W (the base of East 35th Street, Manhattan), to
approximate position 40[deg]44'31.04'' N, 073[deg]58'03.10'' W
(approximately 400 yards east of the Manhattan shoreline), all waters
west of a line drawn from approximate position 40[deg]44'31.04'' N,
073[deg]58'03.10'' W (approximately 400 yards east of the Manhattan
shoreline), to the southern tip of Roosevelt Island at approximate
position 40[deg]44'57.96'' N, 073[deg]57'41.57'' W, then along the
western shoreline of Roosevelt Island to the Queensboro Bridge, and all
waters south of the Queensboro Bridge (NAD 1983).
(6) United Nations Full River Closure. All waters of the East River
north of a line drawn from approximate position 40[deg]44'37'' N,
073[deg]58'16.5'' W (the base of East 35th Street, Manhattan), to
approximate position 40[deg]44'23'' N, 073[deg]57'44.5'' W (Hunters
Point, Long Island City), and south of the Queensboro Bridge (NAD
1983).
(b) Definitions. As used in this section--
Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been designated by the COTP to act on
the COTP's behalf. The designated 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.
Dignitary means the President or Vice President of the United
States, or visiting heads of foreign states or governments.
(c) Regulations. In accordance with the general regulations in 33
CFR 165.33, no person or vessel may enter or move within a security
zone created by this section while that security zone is being enforced
unless granted permission to do so by the Coast Guard's First District
Commander, the COTP New York, or the designated representative. Vessel
operators and persons given permission to enter or operate in a
security zone must comply with all directions given to them by the
First District Commander, the COTP, or the designated representative.
Upon being hailed by a U.S. Coast Guard or other duly authorized law
enforcement vessel (e.g. New York City police) by siren, radio,
flashing lights, or other means, the operator of a vessel must proceed
as directed and follow any instructions to anchor or moor up to a
waterfront facility.
(d) Enforcement Periods. The security zone described in paragraph
(a)(4) of this section is subject to enforcement at all times. All
other security zones established by this section will only be enforced
when necessary to protect dignitaries, as determined by the COTP New
York.
(e) Notification. Because the security zone described in paragraph
(a)(4) of this section is subject to enforcement at all times, the
Coast Guard will not necessarily take any action to further notify the
public about the enforcement of that zone. As for the enforcement
periods for the other security zones contained herein, the Coast Guard
will rely on the methods described in 33 CFR 165.7 to notify the public
of the time and duration of any enforcement period. The COTP New York
may also notify the public about enforcement of these security zones
via http://homeport.uscg.mil/newyorkinformation.
(f) Contact Information. Vessel operators desiring to enter or
operate within a security zone established by this section shall
telephone the COTP New York at 718-354-4356 or the designated
representative via VHF channel 16 to obtain permission to do so.
Dated: September 16, 2014.
V.B. Gifford,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 2014-23171 Filed 9-26-14; 8:45 am]
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