[Federal Register Volume 65, Number 149 (Wednesday, August 2, 2000)]
[Rules and Regulations]
[Pages 47318-47321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19486]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-00-146]
RIN 2115-AA97


Security Zone: Dignitary Arrival/Departure and United Nations 
Meetings, New York, NY

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing two permanent security zones 
near the United Nations Headquarters located on the East River at East 
43rd Street, Manhattan, New York. This action is necessary to protect 
the Port of New York/New Jersey and visiting dignitaries against 
terrorism, sabotage or other subversive acts and incidents of a similar 
nature during the dignitaries' meetings at the United Nations 
Headquarters. This action establishes two permanent exclusion areas 
that are active from shortly before the dignitaries' arrival at the 
United Nations General Assembly meetings until shortly after their 
departure.

DATES: This rule is effective September 1, 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 (CGD01-00-146) 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

    On June 8, 2000, we published a notice of proposed rulemaking 
(NPRM) entitled Security Zone: Dignitary Arrival/Departure and United 
Nations Meetings, New York, NY. We received no letters commenting on 
the proposed rule. 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 12 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. 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 location and size of the zones. This regulation 
establishes two permanent security zones that can be activated upon 
request of the U.S. Secret Service pursuant to their authority under 18 
U.S.C. 3056.
    These security zones have been narrowly tailored, in consultation 
with

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the United States Secret Service and the maritime industry, to impose 
the least impact on maritime interests yet provide the level of 
security deemed necessary. Entry into or movement within these security 
zones is prohibited unless authorized by the Coast Guard Captain of the 
Port, New York. The activation of a particular security zone will be 
announced via facsimile and marine information broadcasts. The two 
security zones are as follows (all nautical positions are based on 
North American Datum of 1983):
    The first security zone at United Nations Headquarters includes 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 175 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 to the starting point at 
40 deg.44'37"N, 073 deg.58'16.5"W. The security zone prevents vessels 
from transiting a portion of the East River. Marine traffic will still 
be able to transit through the eastern 100 yards of the western channel 
of the East River. Additionally, vessels may transit through the 
eastern channel of the East River during this security zone. This zone 
is generally enacted from 8 a.m. until 7 p.m. during the United Nations 
General Assembly meetings. Generally, these meetings take place from 
Monday through Saturday for two consecutive weeks. Normally this occurs 
between the final two weeks of September and the first two weeks of 
October.
    This security zone is necessary to protect the Port of New York/New 
Jersey and visiting dignitaries against terrorism, sabotage or other 
subversive acts and incidents of a similar nature during the 
dignitaries' meetings at the United Nations Headquarters. This security 
zone has been narrowly tailored, in consultation with the United States 
Secret Service and the maritime industry, to impose the least impact on 
maritime interests yet provide the level of security deemed necessary.
    The second security zone at United Nations Headquarters includes 
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. Marine traffic will not be able to transit through 
this portion of the East River because the zone extends bank to bank, 
and there are no alternate routes available in the river to go around 
the zone. This zone extends bank to bank while the President of the 
United States addresses, or is in attendance at, the United Nations 
General Assembly. Generally, this zone will only be activated once per 
year during one day of the annual U.N. General Assembly meeting during 
the Presidential address or while the President is in attendance. This 
address has been held during the final week of September for the past 
two years. However, due to the late notification of the daily security 
requirements from the Secret Service, there was insufficient time to 
follow notice and comment rulemaking to give the public the opportunity 
to comment on the location and size of the zones. The Coast Guard 
expects this zone to be activated for only 2.5 hours during the morning 
and 3 hours during the afternoon.
    This security zone is necessary to protect the Port of New York/New 
Jersey, the President of the United States, and visiting dignitaries 
against terrorism, sabotage or other subversive acts and incidents of a 
similar nature during visits by the President of the United States and 
dignitaries' meetings at the United Nations Headquarters. This security 
zone has been narrowly tailored, in consultation with the United States 
Secret Service and the maritime industry, to impose the least impact on 
maritime interests yet provide the level of security deemed necessary.
    The actual dates that these security zones will be activated are 
not known by the Coast Guard at this time. Coast Guard Activities New 
York will give notice of the activation of each security zone by all 
appropriate means to provide the widest publicity among the affected 
segments of the public. Marine information broadcasts will normally be 
made for these security zones beginning 24 to 48 hours before the zone 
is enacted. Facsimile broadcasts will also be made to notify the 
public. The Coast Guard expects that the notice of the activation of 
each permanent security zone in this rulemaking will normally be made 
less than seven days before the zone is actually activated.
    The two new security zones are being enacted to ensure the Coast 
Guard can provide the U.S. Secret Service with the services they 
require to protect the Port of New York/New Jersey and visiting 
dignitaries in a timely manner. This zone also gave the marine 
community the opportunity to comment on the zones location and size.
    This rule revises 33 CFR 165.164 by renaming the section heading to 
``Dignitary Arrival/Departure and United Nations Meetings, New York, 
NY'' and adding two new East River locations to the listed zones.

Discussion of Comments and Changes

    The Coast Guard received no letters commenting on the proposed 
rulemaking. No changes were made to this rulemaking.

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.
    This finding is based on the fact that we anticipate these security 
zones will be activated on an average of 12 times per year, and the 
minimal time that vessels will be restricted from the zones. Marine 
traffic will still be able to transit through the eastern 100 yards of 
the western channel and recreational traffic will also be able to 
transit through the eastern channel of the East River while the first, 
smaller security zone at the United Nations Headquarters is enacted. We 
anticipate that the second security zone at the United Nations 
Headquarters, shutting down the East River in the vicinity of the 
United Nations Headquarters, will only be activated once per year 
during one day of the annual U.N. General Assembly meeting during the 
Presidential address. This zone that shuts down the East River will 
normally only be in effect for 2.5 hours during the morning and 3 hours 
during the afternoon. Extensive advance notifications will be made to 
the maritime community via facsimile and marine information broadcasts. 
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. 601-612), we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities.

[[Page 47320]]

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 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 might 
be small entities: the owners or operators of vessels intending to 
transit or anchor in a portion of the Port of New York/New Jersey 
during the times these zones are activated.
    These security zones will not have a significant economic impact on 
a substantial number of small entities for the following reasons: 
Vessel traffic can transit through the eastern 100 yards of the western 
channel of the East River during the smaller security zone that is 
enacted when the President of the United States is not addressing the 
Assembly. Recreational traffic can also transit through the eastern 
channel of the East River during this same security zone. Before the 
effective period, we will issue maritime advisories widely available to 
users of the Port of New York/New Jersey by facsimile and marine 
information broadcasts.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule will 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 will economically affect it.

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 effects on them and participate in the rulemaking process.
    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 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

    We 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 two security zones. 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.

    For the reasons discussed in the preamble, the Coast Guard amends 
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. In Sec. 165.164, revise the Section Heading and paragraphs 
(a)(4) and (a)(5), and add new paragraphs (a)(6) and (a)(7) to read as 
follows:


Sec. 165.164  Security Zones: Dignitary Arrival/Departure and United 
Nations Meetings, New York, NY.

    (a) * * *
    (4) Location. 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 175 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 to the starting point at 
40 deg.44'37" N, 073 deg.58'16.5"W. All nautical positions are based on 
North American Datum of 1983.
    (5) Location. 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. All nautical positions are based on North 
American Datum of 1983.
    (6) 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.
    (7) The activation of a particular zone will be announced by 
facsimile and marine information broadcasts.
* * * * *

    Dated: July 25, 2000.
R.E. Bennis,
Captain, U. S. Coast Guard, Captain of the Port, New York.
[FR Doc. 00-19486 Filed 8-1-00; 8:45 am]
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