[Federal Register Volume 60, Number 204 (Monday, October 23, 1995)]
[Rules and Regulations]
[Pages 54303-54304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26318]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-95-156]
RIN 2115-AA97


Security Zone: United Nations 50th Anniversary Celebration, 
United Nations, East River, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a security zone in the waters 
of the East River, New York. The zone is needed to protect 
approximately 150 Heads of State and the Port of New York/New Jersey 
against terrorism, sabotage or other subversive acts and incidents of a 
similar nature during the United Nations 50th Anniversary Celebration. 
Entry into or movement within the zone is prohibited unless authorized 
by the Coast Guard Captain of the Port of New York.

EFFECTIVE DATE: This rule is effective from 7 a.m. on October 22, 1995, 
until 7 p.m. on October 24, 1995, unless extended or terminated sooner 
by the Captain of the Port of New York.

FOR FURTHER INFORMATION CONTACT:
Lieutenant Commander R. Trabocchi, Chief Planning and Readiness 
Division, Coast Guard Group New York (212) 668-7934.

SUPPLEMENTARY INFORMATION:

Drafting Information

    The drafters of this notice are LCDR R. Trabocchi, Project Manager, 
Coast Guard Group New York and CDR J. Stieb, Project Attorney, First 
Coast Guard District, Legal Office.

Regulatory History

    Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM) 
was not published for this regulation. Good cause exists for not 
publishing an NPRM, and for making this regulation effective less than 
30 days after Federal Register publication. Due to the date that 
specific, detailed information was made available to the Coast Guard 
concerning the activities of the Heads of State at the United Nations, 
there was insufficient time to draft and publish an NPRM that allows 
for a reasonable comment period prior to the event. The delay 
encountered if normal rulemaking procedures were followed would be 
contrary to national security interests as immediate action is needed 
to protect the Heads of State and the Port of New York/New Jersey.

Background and Purpose

    The security zone, requested by the United States Secret Service, 
is needed to ensure the security of the Heads of State while at the 
United Nations complex in midtown Manhattan, New York. The United 
Nations complex, situated along the Manhattan shoreline overlooking the 
East River, will be used for the United Nations 50th Anniversary 
Celebration from October 22, 1995 through October 24, 1995. There is a 
significant national security interest in safeguarding the 
international relations of the United States, the United Nations 
complex, and the visiting Heads of State. The security zone will 
safeguard these interests against terrorism, sabotage or other 
subversive acts and incidents of a similar nature that could initiate 
on or near the East River. The security zone will close the East River 
in a northerly and southerly direction, shore to shore, for 
approximately 2,350 yards. It provides for an exclusionary area in all 
waters of the East River north of a line drawn between a point at the 
foot of East 35th Street, Manhattan, New York, at 40 deg.44'36'' N 
latitude, 073 deg.58'16'' W longitude (NAD 1983) and Hunters Point, 
Long Island City, New York, at 40 deg.44'18'' N latitude, 
073 deg.57'44'' W longitude (NAD 1983); and south of a line drawn shore 
to shore along the Queensboro Bridge inclusive of all waters east and 
west of Roosevelt Island, New York, from 7 a.m. until 7 p.m. on October 
22, 23, and 24, 1995.
    The security zone will be reduced in size to provide protection to 
the waterfront at the United Nations complex from 7 p.m. until 7 a.m. 
on October 22 and 23, 1995. This contracted security zone includes all 
waters of the East River 100 yards off the east shore of Manhattan, New 
York, between East 48th Street and East 42nd Street. This area is 
bounded by the following points: from a point at the foot of East 48th 
Street at 40 deg.45'06'' N latitude, 073 deg.57'53'' W longitude (NAD 
1983); thence southeasterly 100 yards to a point at 40 deg.45'05'' N 
latitude, 073 deg.57'50'' W longitude (NAD 1983); thence southwesterly 
100 yards to a point off the foot of East 42nd Street at 40 deg.44'51'' 
N latitude, 073 deg.58'01'' W longitude (NAD 1983); thence 
northwesterly to a point at the foot of East 42nd Street at 
40 deg.44'52'' N latitude, 073 deg.58'05'' W longitude (NAD 1983); 
thence northeasterly along the Manhattan shoreline to the point of 
origin. The security zone has been narrowly tailored, in consultation 
with the United States Secret Service, to impose the latest impact on 
maritime interests yet provide the level of security deemed necessary 
to safeguard the international relations of the United States, the 
United Nations complex, and the Heads of State. All vessels are 
prohibited from transiting within the security zone unless authorized 
by the Coast Guard Captain of the Port of New York.

Regulatory Evaluation

    This regulation 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 been exempted from review 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 regulation to be so minimal that a full 
Regulatory Evaluation under paragraph 10(e) of the regulatory policies 
and procedures of DOT is unnecessary. The security zone closes a 
portion of the East River in the vicinity of the United Nations complex 
to vessel traffic from 7 a.m. on October 22, 1995, until 7 p.m. on 
October 24, 1995, unless extended or terminated sooner by the Captain 
of the Port New York. The East River is subjected to a moderate volume 
of commercial vessel traffic. Although this regulation prevents vessel 
traffic from transiting the East River from 7 a.m. to 7 p.m. on October 
22, 23, and 24, the effect of this regulation will not be significant 
for several reasons: the duration of the security zone is limited; 
recreational and some commercial traffic may take an alternate route 
via 

[[Page 54304]]
the Hudson and Harlem Rivers; vessels may safely transit the East River 
east of the zone each evening from 7 p.m. until 7 a.m.; and the 
extensive, advance notifications that will be made to the maritime 
community. New York City is in a heightened state of security awareness 
due to the World Trade Center bombing trials. In view of the potential 
for threats to the Heads of State and the Port of New York/New Jersey, 
this regulation provides the minimum degree of security necessary. The 
United Nations waterfront exposure makes it and its occupants 
vulnerable to waterborne threats. Landside security spans Manhattan's 
eastern shoreline, covering approximately the same distance north to 
south as the security zone provides waterside. The major roadways on 
Manhattan's east side, the Franklin D. Roosevelt (FDR) Drive and First 
Avenue, will be closed to vehicular traffic. The waterside security 
provided by this regulation, in conjunction with the landside security, 
provides a complete security area around the Heads of State and the 
United Nations complex. Accordingly, the Coast Guard expects the 
economic impact of this to be minimal and that a Regulatory Evaluation 
is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this regulation will have a 
significant economic impact on a substantial number of small entities. 
``Small entities'' include independently owned and operated small 
businesses that are not dominant in their field and that otherwise 
qualify as ``small business concerns'' under Section 3 of the Small 
Business Act (15 U.S.C. 632).
    For the reasons set forth in the Regulatory Evaluation, the Coast 
Guard expects the impact of this regulation to be minimal. The Coast 
Guard certifies under 5 U.S.C. 605(b) that this regulation will not 
have a significant economic impact on a substantial number of small 
entities.

Collection of Information

    This regulation contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501).

Federalism

    The Coast Guard has analyzed this action in accordance with the 
principles and criteria contained in Executive Order 12612 and has 
determined that this regulation does not raise sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard has considered the environmental impact of this 
regulation and concluded that under section 2.B.2.e. of Commandant 
Instruction M16475.1B, revised 59 FR 38654, July 29, 1994, the 
promulgation of this regulation is categorically excluded from further 
environmental documentation. A Categorical Exclusion Determination and 
Environmental Analysis Checklist are included in the docket.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Temporary Regulation

    For reasons set out in the preamble, the Coast Guard amends 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. A temporary Sec. 165.T01-156, is added to read as follows:


Sec. 165.T01-156  Security Zone: United Nations 50th Anniversary 
Celebration, United Nations, East River, New York.

    (a) Location. (1) From 7 a.m. to 7 p.m., the security zone includes 
all waters of the East River north of a line drawn between a point at 
the foot of East 35th Street, Manhattan, New York, at 40 deg.44'36'' N 
latitude, 073 deg.58'16'' W longitude (NAD 1983) and Hunters Point, 
Long Island City, New York, at 40 deg.44'18'' N latitude, 
073 deg.57'44'' W longitude (NAD 1983); and south of a line drawn shore 
to shore along the Queensboro Bridge inclusive of all waters east and 
west of Roosevelt Island, New York.
    (2) From 7 p.m. to 7 a.m., the security zone includes all waters of 
the East River 100 yards off the east shore of Manhattan, New York, 
between East 48th Street and East 42nd Street. This area is bounded by 
the following points: from a point at the foot of East 48th Street at 
40 deg.45'06'' N latitude, 073 deg.57'53'' W longitude (NAD 1983); 
thence southeasterly 100 yards to a point at 40 deg.45'05'' N latitude, 
073 deg.57'50'' W longitude (NAD 1983); thence southwesterly 100 yards 
to a point off the foot of East 42nd Street at 40 deg.44'51'' N 
latitude, 073 deg.58'01'' W longitude (NAD 1983); thence northwesterly 
to a point at the foot of East 42nd Street at 40 deg.44'52'' N 
latitude, 073 deg.58'05'' W longitude (NAD 1983); thence northeasterly 
along the Manhattan shoreline to the point of origin.
    (b) Effective period. This section is effective from 7 a.m. on 
October 22, 1995, until 7 p.m. on October 24, 1995, unless extended or 
terminated sooner by the Captain of the Port New York.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.33 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. U.S. Coast Guard patrol personnel include commissioned, 
warrant, and petty officers of the Coast Guard. Upon being hailed by a 
U.S. Coast Guard vessel via siren, radio, flashing light, or other 
means, the operator of a vessel shall proceed as directed.

    Dated: October 17, 1995.
T.H. Gilmour,
Captain, U.S. Coast Guard, Captain of the Port of New York.
[FR Doc. 95-26318 Filed 10-19-95; 2:42 pm]
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