[Federal Register Volume 66, Number 160 (Friday, August 17, 2001)]
[Rules and Regulations]
[Pages 43088-43090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20720]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-01-135]
RIN 2115-AA97


Security Zone; Arthur Kill, Staten Island, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone 
around Howland Hook Terminal in the Arthur Kill during loading 
operations for military equipment. 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 U.S. 
Army's ship loading operations. This action is intended to restrict 
vessel traffic in a portion of the Arthur Kill.

DATES: This rule is effective from 6 a.m. on August 14, until 8 p.m. on 
August 18, 2001.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket (CGD01-01-135) 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)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM, and that under 5 U.S.C. 
553(d)(3), good cause exists for making this rule effective less than 
30 days after publication in the Federal Register.
    Due to the date that specific information on the ship loading 
operations was made available to the Coast Guard, there was 
insufficient time to draft and publish an NPRM before its effective 
date. The delay encountered if normal rulemaking procedures were 
followed would be contrary to the public interest, as immediate action 
is needed to protect the Port of New York/New Jersey and the U.S. 
Army's ship loading operations.

[[Page 43089]]

Background and Purpose

    This security zone is needed to ensure the security of the Port of 
New York/New Jersey and the military equipment loading operations on 
the Arthur Kill at Howland Hook Terminal, Staten Island, NY. There is a 
significant national security interest in protecting the U.S. Army's 
ship loading operations. This security zone will safeguard the Port of 
New York/New Jersey, against terrorism, sabotage or other subversive 
acts and incidents of a similar nature during the U.S. Army's ship 
loading operations.
    The security zone includes all waters of the Arthur Kill bound by 
the following points: 40 deg.38'36.1"N 074 deg.11'10.3"W; thence to 
40 deg.38'36.9"N 074 deg.11'13.6"W; thence to 40 deg.38'26.3"N 
074 deg.11'29.4"W; thence to 40 deg.38'17.5"N 074 deg.11'37.6"W; thence 
to 40 deg.38'16.7"N 074 deg.11'35.8"W (NAD 1983); thence along the 
shoreline to the point of beginning. This security zone is effective 
from 6 a.m. on Tuesday, August 14, until 8 p.m. on Saturday, August 18, 
2001. The U.S. Army only anticipates requiring the activation of this 
security zone during two 8-hour periods of the zones' effective dates. 
Exact dates and times will be made available via marine information 
broadcasts once the U.S. Army makes them available to the U.S. Coast 
Guard.
    This security zone is based on the security needs for the Port of 
New York/New Jersey and the U.S. Army. It has been narrowly tailored to 
impose the least impact on maritime interests yet provide the level of 
security deemed necessary. This safety zone does not affect the Federal 
navigation channel west of Howland Hook Terminal. 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 12886, Regulatory Planning and Review, 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).
    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. This 
finding is based on the minimal time that vessels will be restricted 
from the zone, that vessels may still transit through the Arthur Kill 
during the zones' activation, vessels will not be precluded from 
mooring at or getting underway from commercial or recreational piers in 
the vicinity of the zone, and extensive advance notifications which 
will be made.
    The U.S. Army only anticipates requiring the activation of this 
security zone during two 8-hour periods of the zones' effective dates. 
Exact dates and times will be made available via marine information 
broadcasts once the U.S. Army makes them available to the U.S. Coast 
Guard.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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 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 Arthur Kill 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. Marine 
traffic will still be able to transit through the Arthur Kill during 
the zones' activation. Additionally, vessels will not be precluded from 
mooring at or getting underway from commercial or recreational piers in 
the vicinity of the zone. Public notifications will be made prior to 
the event via Marine Information Broadcasts, which are widely available 
to users of the Arthur Kill.
    The U.S. Army only anticipates requiring the activation of this 
security zone during two 8-hour periods of the zones' effective dates. 
Exact dates and times will be made available via marine information 
broadcasts once the U.S. Army makes them available to the U.S. Coast 
Guard.

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

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

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 create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

[[Page 43090]]

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under figure 2-1, paragraph 34(g), of Commandant 
Instruction M16475.1D, 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 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.

Regulation

    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. Add temporary Sec. 165.T01-135 to read as follows:


Sec. 165.T01-135  Security Zone: Arthur Kill, Staten Island, NY.

    (a) Location. The following area is a security zone: All waters of 
the Arthur Kill bound by the following points: 40 deg.38'36.1"N 
074 deg.11'10.3"W; thence to 40 deg.38'36.9"N 074 deg.11'13.6"W; thence 
to 40 deg.38'26.3"N 074 deg.11'29.4"W; thence to 40 deg.38'17.5"N 
074 deg.11'37.6"W; thence to 40 deg.38'16.7"N 074 deg.11'35.8"W (NAD 
1983); thence along the shoreline to the point of beginning.
    (b) Effective period. This section is effective from 6 a.m. on 
Tuesday, August 14, until 8 p.m. on Saturday, August 18, 2001.
    (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 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: August 8, 2001.
P. A. Harris,
Captain, U. S. Coast Guard Captain of the Port, New York, Acting.
[FR Doc. 01-20720 Filed 8-16-01; 8:45 am]
BILLING CODE 4910-15-U