[Federal Register Volume 63, Number 245 (Tuesday, December 22, 1998)]
[Proposed Rules]
[Pages 70707-70709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33847]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-98-006]
RIN 2121-AA97


Security Zone: Dignitary Arrival/Departure New York, NY

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish permanent security zones 
around the Wall Street heliport on the East River, the West 30th Street 
heliport on the Hudson River, and the Marine Air Terminal at La Guardia 
Airport on Bowery Bay, to protect the President, Vice President, and 
visiting heads of foreign states or foreign governments during their 
arrival, departure, and transits to and from the Wall Street and West 
30th Street heliports, and the Marine Air Terminal. This action is 
necessary to protect visiting dignitaries and the Port of New York/New 
Jersey against terrorism, sabotage or other subversive acts and 
incidents of a similar nature during the dignitaries' visit to New York 
City. This action establishes permanent exclusion areas that are active 
only from shortly before the dignitaries' arrival into an area until 
shortly after the dignitaries' departure from that area.

DATES: Comments must be received on or before February 22, 1999.

ADDRESSES: Comments may be mailed to the Waterways Oversight Branch 
(CGD01-98-006), Coast Guard Activities New York, 212 Coast Guard Drive, 
Staten Island, New York 10305, or deliver them 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 Junior Grade A. Kenneally, 
Waterways Oversight Branch, Coast Guard Activities New York (718) 354-
4195.

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 (CGD01-98-006) 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, no 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

    New York City is often visited by the President and Vice President 
of the United States, as well as visiting heads of foreign states or 
foreign governments, on the average of 8 times per year. Often these 
visits are on short notice. The President, Vice President, and visiting 
heads of foreign states or foreign governments require Secret Service 
protection. These dignitaries arrive at John F. Kennedy, La Guardia, or 
Newark, New Jersey International Airports. They then transit to either 
the Wall Street or West 30th Street heliports or they fly directly into 
the Marine Air Terminal at La Guardia. Due to the sensitive nature of 
these visits a security zone is needed. Standard security procedures 
are enacted to ensure the proper level of protection to prevent 
sabotage or other subversive acts, accidents, or other activities of a 
similar nature. In the past, temporary security zones were requested by 
the U.S. Secret Service with limited notice for preparation by the U.S. 
Coast Guard and no opportunity for public comment. Establishing 
permanent security zones by notice and comment rulemaking gives the 
public the opportunity to comment on the proposed zones. The proposed 
regulation establishes three permanent security zones that could be 
activated upon request of the U.S. Secret Service pursuant to their 
authority under 18 U.S.C. Sec. 3056.
    The activation of a particular security zone will be announced via 
facsimile and marine information broadcasts.

Discussion of Proposed Rule

    The three proposed security zones are as follows:
    The security zone around the Wall Street heliport includes 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 (NAD 1983) (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 the northeast corner of Pier 13, Manhattan, and the northwest 
corner of Pier 2 North, Brooklyn.
    The security zone around the West 30th Street heliport includes all 
waters

[[Page 70708]]

of the Lower Hudson River south of a line drawn from the northwest 
corner of Pier 76 in Manhattan to a point in Weehawken, New Jersey at 
approximate position 40 deg.45'52''N 074 deg.01'01''W (NAD 1983) and 
north of a line drawn from the northwest corner of Pier 64, Manhattan 
to the northeast corner of Pier 14, Hoboken, New Jersey.
    The security zone around the Marine Air Terminal, La Guardia 
airport includes 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 (NAD 1983) to the Rikers 
Island Bridge at approximate position 40 deg.46'51'' N 073 deg.53'21'' 
W (NAD 1983) and east of a line drawn between that 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).
    Each security zone will be activated 30 minutes before the 
dignitaries' arrival into the zone and remain in effect until 15 
minutes after the dignitaries' departure from the zone.
    The three new security zones are being proposed to ensure the Coast 
Guard can provide the U.S. Secret Service with the services they 
require to protect visiting dignitaries in a timely manner.

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. 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. The 
Coast Guard anticipates that these security zones will be activated on 
an average of 8 times per year. Costs resulting from these regulations, 
if any, will be minor and have no significant adverse financial effect 
on vessel operators. Although this regulation prevents traffic from 
transiting through the enacted security zone, the effect of this 
regulation will not be significant for the following reasons: the 
limited duration of the security zone, the limited number of instances 
the zones will be activated, and the extensive notifications that will 
be made to the local maritime community via facsimile and marine 
information broadcasts. The activation of any of the three security 
zones will be for 45 minutes. These security zones have been narrowly 
tailored to impose the least impact on maritime interests yet provide 
the level of security deemed necessary.

Small Entities

    Under the Regulatory flexibility Act (5 U.S.C. Sec. 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. Sec. 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. Sec. 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 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. 165.164 to read as follows:


Sec. 165.164  Security Zones; Dignitary Arrival and Departure, New 
York, NY.

    (a) The following areas are established as security zones:
    (1) Location. 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 (NAD 1983) (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 the northeast corner of Pier 13, 
Manhattan, and the northwest corner of Pier 2 North, Brooklyn.
    (2) Location. West 30th Street heliport: All waters of the Lower 
Hudson River south of a line drawn from the northwest corner of Pier 76 
in Manhattan to a point in Weehawken, New Jersey at approximate 
position 40 deg.45'52''N 074 deg.01'01''W (NAD 1983) and north of a 
line from the northwest corner of Pier 64, Manhattan to the

[[Page 70709]]

northeast corner of Pier 14, Hoboken, New Jersey.
    (3) Location. Marine Air Terminal, La Guardia Airport: 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 (NAD 1983) to the Rikers Island Bridge at approximate 
position 40 deg.46'51''N 073 deg.53'21''W (NAD 1983) 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) The security zone will be activated 30 minutes before the 
dignitaries' arrival into the zone and remain in effect until 15 
minutes after the dignitaries' departure from the zone.
    (5) The activation of a particular zone will be announced by 
facsimile and marine information broadcasts.
    (b) 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 using siren, radio, flashing light, or other 
means, the operator of a vessel shall proceed as directed.

    Dated: December 9, 1998.
R.E. Bennis,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 98-33847 Filed 12-21-98; 8:45 am]
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