[Federal Register Volume 64, Number 89 (Monday, May 10, 1999)]
[Rules and Regulations]
[Pages 24947-24949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11685]


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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: Final rule.

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SUMMARY: The Coast Guard is establishing permanent security zones 
around the Wall Street heliport on the East River and the Marine Air 
Terminal at La Guardia Airport on Bowery Bay to protect the Port of New 
York/New Jersey, 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 heliport 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: This final rule is effective June 9, 1999.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at Coast Guard Activities New York, 212 Coast 
Guard Drive, room 205, Staten Island, New York 10305, between 8 a.m. 
and 3 p.m., Monday through Friday, except Federal holidays. The 
telephone number is (718) 354-4193.

FOR FURTHER INFORMATION CONTACT: Lieutenant J. Lopez, Waterways 
Oversight Branch, Coast Guard Activities New York, (718) 354-4193.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    On December 22, 1998, the Coast Guard published a notice of 
proposed rulemaking (NPRM), entitled Security Zone: Dignitary Arrival/
Departure New York, NY in the Federal Register (63 FR 70707). The Coast 
Guard received one letter commenting on the proposed rulemaking. No 
public hearing was requested, and none was held.

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 gave the 
public the opportunity to comment on the security zones. This final 
rule establishes two 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 Comments and Changes

    The Coast Guard received one letter commenting on the proposed 
rule. One change is being made to the proposed rule in response to the 
comment received.

[[Page 24948]]

    The comment notified the Coast Guard that the West 30th Street 
Heliport will not continue to operate from its current location after 
May 12, 2001, when its lease expires. After this time it will either 
cease operations entirely, or be moved to Pier 72 or 76.
    The comment also stated a community boathouse is scheduled to open 
in spring, 1999, and a public launch will be established in spring, 
2000, within the southern 200 yards of the proposed security zone at 
the West 30th Street heliport. These facilities are located within the 
Hudson River Park that runs along the Hudson River from Battery Park 
City to West 59th Street. The comment noted that boaters using these 
two facilities probably will not have access to facsimile machines or 
marine information broadcasts regarding the activation of this security 
zone.
    Finally, the comment requested that the southern boundary be moved 
approximately 200 yards north to not interfere with the community 
boathouse and public launch. In response to these concerns the Coast 
Guard is requesting the security requirements at the West 30th Street 
heliport be reviewed by the U.S. Secret Service. The West 30th Street 
security zone is being removed from this rulemaking due to this review 
process. Upon completion of the security review, proposed regulations 
for a security zone at this location will be published by a separate 
rulemaking, if they are still deemed necessary.

Regulatory Evaluation

    This final 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 final 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 either of the two security 
zones will be for 45 minutes. These security zones have been narrowly 
tailored to impose the lease impact on maritime interests yet provide 
the level of security deemed necessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this final rule 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. 605(b) that this final rule 
will not have a significant economic impact on a substantial number of 
small entities.

Collection of Information

    This final rule does not provide for a collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

Federalism

    The Coast Guard has analyzed this final rule under the principles 
and criteria contained in Executive Order 12612 and has determined that 
this final rule does not have sufficient implications for federalism to 
warrant the preparation of a Federalism Assessment.

Unfunded Mandates

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) [Pub. 
L. 104-4, 109 Stat. 48] requires Federal agencies to assess the effects 
of certain regulatory actions on State, local, and tribal governments, 
and the private sector. UMRA requires a written statement of economic 
and regulatory alternatives for rules that contain Federal mandates. A 
Federal mandate is a new or additional enforceable duty imposed on any 
State, local, or tribal government, or the private sector. If any 
Federal mandate causes those entities to spend, in the aggregate, $100 
million or more in any one year, the UMRA analysis is required. This 
final rule does not impose Federal mandates on any State, local, or 
tribal governments, or the private sector.

Environment

    The Coast Guard considered the environmental impact of this final 
rule and concluded that under figure 2-1, paragraph 34(g), of 
Commandant Instruction M16475.1C, this final rule is categorically 
excluded from further environmental documentation. A written 
Categorical Exclusion Determination and checklist are not required.

Other Executive Orders on the Regulatory Process

    In addition to the statutes and Executive Orders already addressed 
in this preamble, the Coast Guard considered the following executive 
orders in developing this final rule and research the following 
conclusions:
    E.O. 12630, Governmental Actions and Interference with 
Constitutionally Protected Property Rights. This rule will not effect a 
taking of private property or otherwise have taking implications under 
this Order.
    E.O. 12875, Enhancing the Intergovernmental Partnership. This rule 
will not impose, on any State, local, or tribal governemnt, a mandate 
that is not required by statute and that is not funded by the Federal 
government.
    E.O. 12988, Civil Justice Reform. This rule meets applicable 
standards in sections 3(a) and 3(b)(2) of this Order to minimze 
litigation, eliminate ambiguity, and reduce burden.
    E.O. 13045, Protection of Children from Environmental Health Risks 
and Safety Risks. This rule is not an economically significant rule and 
does not concern an environmental risk to safety disproportinately 
affecting children.

List of Subjects in 33 CFR Part 165

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

Regulation

    For the reasons discussed 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), 
6.04-6, 160.5; 49 CFR 1.46. Section 165.100 is also issued under 
authority of Sec. 311, Pub. L. 105-383.

    2. Add Sec. 165.164 to read as follows:


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

    (a) The following areas are established as security zones:

[[Page 24949]]

    (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) [Reserved]
    (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. These personnel comprise 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: April 23, 1999.
R.E. Bennis,
Captain, Coast Guard, Captain of the Port, New York.
[FR Doc. 99-11685 Filed 5-7-99; 8:45 am]
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