[Federal Register Volume 66, Number 213 (Friday, November 2, 2001)]
[Rules and Regulations]
[Pages 55575-55576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27607]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-01-198]
RIN 2115-AA97


Security Zone; Verrazano Narrows Bridge, New York

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary emergency security 
zone around the Verrazano Narrows Bridge, New York that will restrict 
vessel traffic in a portion of The Narrows, between Staten Island and 
Brooklyn, NY. This action is necessary to ensure public safety, and 
protect the Port of NY/NJ from sabotage or terrorist acts, accidents, 
or other causes of a similar nature during the New York City Marathon. 
Entry into or movement within this zone by any vessel or person, of any 
description 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 9:20 a.m. until 12:20 p.m. on 
November 4, 2001.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket (CGD01-01-198) 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)(3), the Coast Guard finds that good 
cause exists for not publishing an NPRM. This rulemaking is urgently 
required to prevent terrorist strikes within and adjacent to the Port 
of NY/NJ. The delay inherent in the NPRM process is contrary to the 
public interest as it may render individuals, vessels and facilities 
within the Port vulnerable to subversive activity, sabotage or 
terrorist attack. Commercial vessels may still transit through the Port 
via Long Island Sound, the East River, the Kill Van Kull, and the 
Arthur Kill.
    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. The measures contemplated by the 
rule are intended to prevent future terrorist attacks. Immediate action 
is needed to accomplish these objectives. Any delay in the effective 
date of this rule is impractical and contrary to the public interest.

Background and Purpose

    Terrorist attacks against the World Trade Center in Manhattan, New 
York on September 11, 2001 inflicted catastrophic human casualties and 
property damage. Federal, state and local agencies are engaged in 
ongoing efforts to recover the victims and secure other potential 
terrorist targets from attack. The Coast Guard is establishing this 
security zone to ensure the security of the Port of NY/NJ against 
terrorism, sabotage, or other subversive acts and incidents of a 
similar nature prior to and during the start of the New York City 
Marathon, a widely publicized event that draws large numbers of 
spectators and participants.
    This regulation establishes a temporary security zone in all waters 
of The Narrows within 500 yards of the Verrazano Narrows Bridge. The 
security zone is in effect from 9:20 a.m. until 12:20 p.m. on Sunday, 
November 4, 2001. The security zone prevents vessels from transiting a 
portion of The Narrows between Staten Island and Brooklyn, NY.
    This security zone is based on the security needs for the Port of 
NY/NJ. It 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. Public 
notifications will be made prior to the event via the Local Notice to 
Mariners and Marine Information Broadcasts.

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 Coast Guard expects the economic impact of this final rule to 
be so minimal that a full Regulatory

[[Page 55576]]

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 Port via Long Island Sound, the East River, 
Kill Van Kull, and the Arthur Kill, and advance notifications which 
will be made. The U.S. Coast Guard in consultation with local, state, 
and federal law enforcement agencies determined the size of this 
security zone.

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 
a portion of The Narrows between Staten Island and Brooklyn, NY during 
the times 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 may still transit through the Port via Long Island Sound, the 
East River, the Kill Van Kull, and the Arthur Kill. Before the 
effective period, public notifications will be made via the Local 
Notice to Mariners and Marine Information Broadcasts, which are widely 
available to users of the Port of NY/NJ.

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 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, 
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.

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

    We have 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 an emergency 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.T01-198 to read as follows:


Sec. 165.T01-198  Security Zone: Verrazano Narrows Bridge, New York.

    (a) Location. The following area is a security zone: All waters of 
The Narrows within 500 yards of the Verrazano Narrows Bridge.
    (b) Effective period. This section is effective from 9:20 a.m. 
until 12:20 p.m. on November 4, 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: October 25, 2001.
P.A. Harris,
Captain, U.S. Coast Guard, Captain of the Port, New York, Acting.
[FR Doc. 01-27607 Filed 10-30-01; 3:45 pm]
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