[Federal Register Volume 66, Number 195 (Tuesday, October 9, 2001)]
[Rules and Regulations]
[Pages 51305-51307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25292]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-01-170]
RIN 2115-AA97


Safety and Security Zones; New York Marine Inspection Zone and 
Captain of the Port Zone

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: As a result of the several apparent terrorist attacks 
September 11, 2001 on the World Trade Center, the Pentagon, the State 
Department, and other governmental installations, the Coast Guard is 
establishing temporary emergency safety and security zones covering the 
New York Marine Inspection Zone and Captain of the Port Zone. The 
safety and security zones are needed to safeguard the public, vessels, 
and vessel crews from further consequences of the aforementioned 
attacks, and from potential future sabotage or other subversive acts, 
accidents, or other causes of a similar nature. Entry into or movement 
within these zones by any vessel of any description whatsoever, except 
emergency response vessels, without the express authority of the 
Captain of the Port, New York, or his authorized patrol representative 
is strictly prohibited.

DATES: This rule is effective from September 12, 2001 through September 
14, 2001.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection and 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

    Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM) 
was not published for this regulation, and good cause exists for making 
it effective less then 30 days after publication in the Federal 
Register. Good cause also exists for not publishing a NPRM for this 
regulation. Due to the catastrophic nature and extent of damage 
realized from the aircraft crashes into the two towers of the World 
Trade Center, this rulemaking is urgently necessary to

[[Page 51306]]

protect the national security interests of the United States against 
further adverse consequences of these and future potential terrorist 
strikes within the Port of New York/New Jersey. Any delay in the 
establishment and enforcement of this regulation's effective date would 
be clearly contrary to public interest since immediate action is needed 
to protect the public and the United States' interests against similar 
acts of terrorism.

Background and Purpose

    On September 11, 2001, both towers of the World Trade Center, 
located within the Port of New York/New Jersey, were destroyed as a 
result of two commercial airliner crashes that can only be explained as 
resulting from terrorist attacks. In addition to the two airliner 
crashes into the World Trade Center, two other commercial airliners 
were also apparently highjacked and intentionally crashed, one into the 
United States Pentagon and another in a rural area of Pennsylvania. 
These acts were unforeseen and accomplished without warning. The safety 
and security zones are needed to protect and safeguard the public, 
vessels, and vessel crews from further consequences of the 
aforementioned attacks, and from future sabotage or other subversive 
acts, accidents, or other causes of a similar nature. The safety and 
security zones have identical boundaries. All persons, other than those 
approved by the Captain of the Port or his authorized patrol 
representative are prohibited from entering into or moving within the 
zones without the prior approval of the Captain of the Port. Emergency 
response vessels must keep the Captain of the Port apprised of intended 
movements while working within the port. The zones encompass all waters 
of the New York Marine Inspection Zone and Captain of the Port Zone. In 
addition to this publication in the Federal Register, the public will 
be made aware of the existence of these safety and security zones, 
their exact locations within these boundaries, and the restrictions 
involved, via Broadcast Notice to Mariners made from U.S. Coast Guard 
Activities New York.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, 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 duration and sizes of the 
zones are the minimum necessary to provide adequate protection for 
public, vessels, and vessel crews. Any vessels seeking entry into or 
movement within the safety and security zones must request permission 
from the Captain of the Port or his authorized patrol representative. 
Any hardships experienced by persons or vessels are considered minimal 
compared to the national interest in protecting the public, vessels, 
and vessel crews from the further devastating consequences of the 
aforementioned acts of terrorism, and from potential future sabotage or 
other subversive acts, accidents, or other causes of a similar nature.

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.
    For the reasons addressed under the Regulatory Evaluation above, 
the Coast Guard expects the impact of this regulation to be minimal and 
certifies under section 605(b) of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.) that this final rule will not have a significant 
economic impact on a substantial number of small entities. Maritime 
advisories will be initiated by normal methods and means, and will be 
widely available to users of the area.

Assistance for Small Entities

    Under subsection 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 [Pub. L. 104-121], the Coast Guard 
wants to assist small entities in understanding this final rule so that 
they can better evaluate its effects on them and participate in the 
rulemaking. If your small business or organization would be affected by 
this final rule and you have questions concerning its provisions or 
options for compliance, please call LT Mike Day, telephone (718) 354-
4012. 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 
comments 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 collection of information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

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

Unfunded Mandates

    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.

Indian Tribal Governments

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

[[Page 51307]]

power and responsibilities between the Federal Government and Indian 
tribes.

Environment

    The Coast Guard considered the environmental impact of these 
regulations and concluded that under Figure 2-1, paragraph 34(g) of 
Commandant Instruction M16475.1D, this rule is categorically excluded 
from further environmental documentation. A written Categorical 
Exclusion Determination is available in the docket for inspection or 
copying where indicated under ADDRESSES.

Energy Effects

    We have analyzed this proposed 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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security Measures, Waterways.

Regulation

    For the reasons set out 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, 160.5; 49 CFR 1.46.


    2. Add temporary Sec. 165.T01-170 to read as follows:


Sec. 165.T01-170  Safety and Security Zones: New York Marine Inspection 
Zone and Captain of the Port Zone.

    (a) Location. The following area has been declared both a safety 
zone and a security zone: starting on the south shore of Long Island at 
40 deg.35.4'N, 073 deg.46.6'W and proceeds southeasterly along a line 
bearing 127.5 deg.T to 38 deg.28'N, 070 deg.11'W; thence northwesterly 
along a line bearing 122 deg.T from the New Jersey coast at 
40 deg.18'N; thence west along 40 deg.18'N to 074 deg.30.5'W; thence 
northwesterly to the intersection of the New York-New Jersey-
Pennsylvania boundaries at Tri-state; thence northwesterly along the 
east bank of the Delaware River to 42 deg.00'N, thence east to 
074 deg.39'W; thence north to the Canadian border; thence easterly 
along the Canadian Border to the northeast corner of the Orleans county 
line in Vermont; thence following the eastern and southern boundaries 
of Orleans, Franklin, Chittenden, Addison, and Ruthland Counties to the 
Vermont-New York boundary; thence southerly along the New York boundary 
to 41 deg.01.5'N, 073 deg.40'W; thence southerly to the southern shore 
of Manursing Island at 40 deg.58'N, 073 deg.40'W; thence southeasterly 
to 40 deg.52.5'N, 073 deg.37.2'W; thence southerly to 40 deg.40'N, 
073 deg.40'W; thence southwesterly to the point of origin.
    (b) Effective dates. This section is effective from September 12, 
2001 through September 14, 2001.
    (c) Regulations. (1) In accordance with the general regulations in 
Secs. 165.23 and 165.33 of this part, entry into or movement within 
these zones is prohibited unless previously authorized by the Captain 
of the Port New York or his authorized patrol representative. Emergency 
response vessels are authorized to move within the zones, but must at 
all times keep the Captain of the Port apprised of intended movements 
within the port, and must abide by restrictions imposed by the Captain 
of the Port as necessary to accomplish the purposes of this rule.
    (2) No person may swim upon or below the surface of the water 
within the boundaries of the safety and security zones unless 
previously authorized by the Captain of the Port New York or his 
authorized patrol representative.
    (3) All persons and vessels shall comply with the instructions of 
the Captain of the Port, and the designated on-scene U.S. Coast Guard 
patrol personnel. U.S. Coast Guard patrol personnel include 
commissioned, warrant, and petty officers of the U.S. Coast Guard.
    (4) Exact locations and restrictions within these boundaries will 
be announced via Broadcast Notice to Mariners and facsimile, as 
appropriate, until the need to enforce such zones is no longer 
necessary.
    (5) The general regulations covering safety and security zones in 
Secs. 165.23 and 165.33, respectively, of this part apply.

    Dated: September 12, 2001.
R.E. Bennis,
Rear Admiral, U.S. Coast Guard, Captain of the Port.
[FR Doc. 01-25292 Filed 10-5-01; 8:45 am]
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