[Federal Register Volume 65, Number 128 (Monday, July 3, 2000)]
[Rules and Regulations]
[Pages 41007-41009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16881]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-00-152]
RIN 2115-AA97


Security Zone: Presidential Visit, Hudson River, New York

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone 
between Piers 83 and 90 on the Hudson River, Manhattan, New York. This 
action is necessary to protect the Port of New York/New Jersey against 
terrorism, sabotage or other subversive acts and incidents of a similar 
nature during the President's visit to New York City. This action is 
intended to restrict vessel traffic in a portion of the Hudson River.

DATES: This rule is effective from 6 p.m. (e.s.t.) to 11 p.m. (e.s.t.) 
on July 5, 2000.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket (CGD01-00-152) and are available for inspection or 
copying at Coast Guard Activities New York, 212 Coast Guard Drive, room 
204, Staten Island, New York, 10305, between 8 a.m. and 3 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant M. Day, Waterways Oversight 
Branch, Coast Guard Activities New York (718) 354-4012.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(8), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Good cause exists for not 
publishing an NPRM due to the date that specific information on the 
President's visit to New York City was made available to the Coast 
Guard, there was insufficient time to draft and publish an NPRM. This 
event will have minimal impact on the waterway, vessels may still 
transit through the western 600 yards of the 950-yard wide Hudson River 
during the President's visit to the Intrepid Sea Air and Space Museum, 
and the zone is only in effect for 5 hours. Additionally, the New York 
City Passenger Ship Terminal does not have any vessels scheduled to be 
berthed at Piers 88 or 90 during the event and do not expect to receive 
any at this late date. Circle Line Sightseeing Cruises anticipates only 
having to move 2 vessels at Pier 83 between 6 p.m. (e.s.t.) and 6:30 
p.m. (e.s.t.) which they will be authorized to do. Any delay 
encountered in this regulation's effective date would be unnecessary 
and contrary to security interests as immediate action is needed to 
protect the Port of New York/New Jersey and the President.
    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. This is due to the following 
reasons: this event will have minimal impact on the waterway, vessels 
may still transit through the western 600 yards of the 950-yard wide 
Hudson River during the President's visit to the Intrepid Sea Air and 
Space Museum, and the zone is only in effect for 5 hours. Additionally, 
the New York City Passenger Ship Terminal does not have any vessels 
scheduled to be berthed at Piers 88 or 90 during the event and do not 
expect to receive any at this late date. Circle Line Sightseeing 
Cruises anticipates only having to move 2 vessels at Pier 83 between 6 
p.m. (e.s.t.) and 6:30 p.m. (e.s.t.) which they will be authorized to 
do.

Background and Purpose

    This zone is needed to ensure the security of the Port of New York/
New Jersey while the President is visiting the Intrepid Sea Air and 
Space Museum in Manhattan. This security zone will safeguard the Port 
of New York/New Jersey during his visit to the Intrepid Museum against 
terrorism, sabotage or other subversive acts and incidents of a similar 
nature. This security zone provides for an exclusion area during the 
President's visit at the museum. This zone includes all waters of the 
Hudson River bound by the following points: from the southeast corner 
of Pier 90, Manhattan, where it intersects the seawall, west to 
approximate position 40 deg.46'10" N 074 deg.00'13" W (NAD 1983), south 
to approximate position 40 deg.45'54" N 074 deg.00'25" W (NAD 1983), 
then east to the northeast corner of Pier 83 where it intersects the 
seawall, then north to the point of beginning. The security zone is 
based on security needs for the Port of New York/New Jersey and the 
President. All vessels are prohibited from transiting the area for 
approximately five hours during the President's visit at the Intrepid 
Museum. The New York City Passenger Ship Terminal does not have any 
vessels scheduled to be berthed at Piers 88 or 90 during the event and 
do not expect to receive any at this late date. Circle Line Sightseeing 
Cruises anticipates only having to move 2 vessels at Pier 83 between 6 
p.m. (e.s.t.) and 6:30 p.m. (e.s.t.) which they will be authorized to 
do. This security zone has been narrowly tailored to impose the least 
impact on maritime interests yet provide the level of security deemed 
necessary. Entry into or movement within this security zone is 
prohibited unless authorized by the Coast Guard Captain of the Port, 
New York.

Regulatory Evaluation

    This 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. The 
Office of Management and Budget has not reviewed it 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).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under paragraph 10e of the regulatory 
policies and procedures of DOT is unnecessary.

[[Page 41008]]

    This finding is based on the minimal time that vessels will be 
restricted from the zone, that vessels may still transit through the 
western 600 yards of the 950-yard wide Hudson River while the security 
zone is in effect. Additionally, the New York City Passenger Ship 
Terminal does not have any vessels scheduled to be berthed at Piers 88 
or 90 during the event and do not expect to receive any at this late 
date. Circle Line Sightseeing Cruises anticipates only having to move 2 
vessels at Pier 83 between 6 p.m. (e.s.t.) and 6:30 p.m. (e.s.t.) which 
they will be authorized to do, and extensive advance notifications that 
will be made.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
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 section 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 or operators of vessels intending to transit 
or anchor in a portion of the Hudson River during the time this zone is 
activated.
    This security zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: Vessel 
traffic can transit through the western 600 yards of the 950-yard wide 
Hudson River while the security zone is in effect, this rule will be in 
effect for only five hours, and extensive advance notifications which 
will be made. Additionally, the New York City Passenger Ship Terminal 
does not have any vessels scheduled to be berthed at Piers 88 or 90 
during the event and do not expect to receive any at this late date. 
Circle Line Sightseeing Cruises anticipates only having to move 2 
vessels at Pier 83 between 6 p.m. (e.s.t.) and 6:30 p.m. (e.s.t.) which 
they will be authorized to do.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its affects on them and participate in the rulemaking process. The New 
York City Passenger Ship Terminal and Circle Line Sightseeing Cruises 
were both contacted about the affects this zone may have on their 
business. The Passenger Ship Terminal does not have any vessels 
scheduled to be berthed during the event. Circle Line anticipates only 
having to move 2 vessels between 6 p.m. (e.s.t.) and 6:30 p.m. (e.s.t.) 
during the event which they will be authorized to do.
    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).

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

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will not effect 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 concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under figure 2-1, paragraph 34(g), of Commandant 
Instruction M16475.1C, this rule is categorically excluded from further 
environmental documentation. This rule fits paragraph 34(g) as it 
establishes a security zone. A ``Categorical Exclusion Determination'' 
is available in the docket where indicated under ADDRESSES.

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 AREAS

    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, 160.5; 49 CFR 1.46.

    2. Add temporary Sec. 165.T01-152 to read as follows:


Sec. 165.T01-152  Security Zone: Presidential Visit, Hudson River, New 
York.

    (a) Location. The following area is a security zone: all waters of 
the Hudson River bound by the following points: from the southeast 
corner of Pier 90, Manhattan, where it intersects the seawall, west to 
approximate position 40 deg.46'10" N 074 deg.00'13" W (NAD 1983), south 
to approximate position 40 deg.45'54" N 074 deg.00"25" W (NAD 1983), 
then east to the northeast corner of Pier 83 where it intersects the 
seawall, then north to the point of beginning.
    (b) Effective period. This section is effective from 6 p.m. 
(e.s.t.) until 11 p.m. (e.s.t.) on July 5, 2000.
    (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. These personnel comprise

[[Page 41009]]

commissioned, warrant, and petty officers of the Coast Guard. Upon 
being hailed by a U. S. Coast Guard vessel by siren, radio, flashing 
light, or other means, the operator of a vessel shall proceed as 
directed.

    Dated: June 27, 2000.
R.E. Bennis,
Captain, U.S. Coast Guard; Captain of the Port, New York.
[FR Doc. 00-16881 Filed 6-29-00; 1:19 pm]
BILLING CODE 4910-15-U