[Federal Register Volume 67, Number 229 (Wednesday, November 27, 2002)]
[Proposed Rules]
[Pages 70892-70897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30105]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-02-132]
RIN 2115-AA97


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

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish permanent safety and 
security zones around the Indian Point Nuclear Power Station (IPNPS), 
all commercial waterfront facilities, Liquefied Hazardous Gas (LHG) 
Facilities on the Arthur Kill; moored or anchored U.S. Coast Guard 
vessels; Coast Guard Stations New York, Sandy Hook, and Kings Point and 
Aids to Navigation Team New York; Ellis and Liberty Islands; all bridge 
piers and abutments, and overhead power cable towers, piers and 
abutments; tunnel ventilators; the New York City Passenger Ship 
Terminal; a moving safety and security zone around ``Designated 
Vessels'' (DVs) deemed by the Captain of the Port to require special 
protection on account of their hazardous cargo or passenger carrying 
capacity; and revise the current regulations that establish moving 
safety zones around Liquefied Petroleum Gas vessels. This action is 
necessary to safeguard facilities, vessels, public, and the surrounding 
areas from sabotage, subversive acts, or other threats. The zones will 
prohibit entry into or movement within these areas without 
authorization from the Captain of the Port New York.

DATES: Comments and related material must reach the Coast Guard on or 
before December 27, 2002.

ADDRESSES: You may mail comments and related material to Waterways 
Oversight Branch (CGD01-02-132), Coast Guard Activities New York, 212 
Coast Guard Drive, Room 204, Staten Island, New York 10305. The 
Waterways Oversight Branch of Coast Guard Activities New York maintains 
the public docket for this rulemaking. Comments and material received 
from the public, as well as documents

[[Page 70893]]

indicated in this preamble as being available in the docket, will 
become part of this docket and will be available for inspection or 
copying at room 204, Coast Guard Activities New York, between 8 a.m. 
and 3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander W. Morton, 
Waterways Oversight Branch, Coast Guard Activities New York at (718) 
354-4012.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD01-02-
132), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Activities New York Waterways 
Oversight Branch at the address under ADDRESSES explaining why one 
would be beneficial. If we determine that one would aid this 
rulemaking, we will hold one at a time and place announced by a later 
notice in the Federal Register.

Background and Purpose

    On September 11, 2001, three commercial aircraft were hijacked and 
flown into the World Trade Center in New York City, and the Pentagon, 
inflicting catastrophic human casualties and property damage. National 
security and intelligence officials warn that future terrorist attacks 
are likely. The President has continued the national emergencies he 
declared following the September 11, 2001, terrorist attacks. See, 
Continuation of the National Emergency with Respect to Certain 
Terrorist Attacks, 67 FR 58317 (September 13, 2002); Continuation of 
the National Emergency With Respect To Persons Who Commit, Threaten To 
Commit, Or Support Terrorism, 67 FR 59447 (September 20, 2002). The 
President also has found pursuant to law, including the Magnuson Act 
(50 U.S.C. 191 et seq.), that the security of the United States is 
endangered by disturbances in international relations of United States 
that have existed since the terrorist attacks on the United States and 
such disturbances continue to endanger such relations. Executive Order 
13,273 of August 21, 2002, Further Amending Executive Order 10173, as 
Amended, Prescribing Regulations Relating to the Safeguarding of 
Vessels, Harbors, Ports, and Waterfront Facilities of the United 
States, 67 FR 56215 (September 3, 2002).
    Immediately following the September 11th attacks, we published a 
temporary final rule (66 FR 51558) that established a temporary 
regulated navigation area, and safety and security zones in the New 
York Marine Inspection and Captain of the Port New York Zones. These 
measures were taken to safeguard human life, vessels and waterfront 
facilities from sabotage or terrorist acts. That temporary final rule 
was subsequently revised (67 FR 16016; 67 FR 53310) to extend its 
effective period through December 31, 2002.
    The Coast Guard proposes to establish permanent safety and security 
zones throughout the New York Marine Inspection and Captain of the Port 
Zones as part of a comprehensive, port security regime designed to 
safeguard human life, vessels and waterfront facilities from sabotage 
or terrorist acts. Due to continued heightened security concerns, the 
proposed permanent safety and security zones are necessary to provide 
for the safety of the port and ensure that vessels, facilities, 
bridges, overhead power cables, or tunnel ventilators, are not used as 
targets of, or platforms for terrorist attacks. These zones would 
restrict entry into or movement within portions of the New York Marine 
Inspection and Captain of the Port Zones. We anticipate that the final 
rule developed as a result of this rulemaking will be effective no 
later than January 1, 2003.

Discussion of Proposed Rule

    This proposed rule would establish the following safety and 
security zones:

Indian Point Nuclear Power Station (IPNPS)

    The Coast Guard proposes to establish a permanent safety and 
security zone in all waters of the Hudson River within a 300-yard 
radius of the IPNPS pier in approximate position 
41[deg]16[min]12.4[sec] N, 073[deg]57[min]16.2[sec] W. The zone is 
necessary to protect the IPNPS, others in the maritime community, and 
the surrounding communities from subversive or terrorist attack against 
the facility that could potentially cause serious negative impact to 
vessels, the port, or the environment. Commercial vessels would still 
be able to transit through the 540 yards between the western boundary 
of the safety and security zone and Hudson River Lighted Buoy 27 (LLNR 
37930), and recreational vessels would still be able to transit through 
the western 1,115 yards of the 1,415-yard wide Hudson River. 
Additionally, vessels would not be precluded from mooring at or getting 
underway from commercial or recreational piers in the vicinity of the 
zone.

Liquefied Hazardous Gas Vessels (LHG), LHG Facilities, and Designated 
Vessel (DV) Transits

    The Coast Guard proposes to revise the Liquid Petroleum Gas (LPG) 
vessel safety zone at 33 CFR 165.160. That regulation establishes a 
100-yard moving safety zone around any LPG vessel while it transits 
between Scotland Lighted Horn Buoy S (LLNR 35085) and the Arthur Kill. 
The proposed revision would establish a safety and security zone to 
include all waters within the New York Marine Inspection and Captain of 
the Port Zones within a 200-yard radius of any Liquefied Hazardous Gas 
(LHG) vessel or LHG facility. We also propose to establish a moving 
safety and security zone to include all waters within a 100-yard radius 
of any ``Designated Vessel'' (DVs) transiting the New York Marine 
Inspection and Captain of the Port Zones. DVs include: Vessels 
certificated to carry 500 or more passengers; vessels carrying 
government officials or dignitaries requiring protection by the U.S. 
Secret Service, or other Federal, State, or local law enforcement 
agency; and barges or ships carrying petroleum products, chemicals, or 
other hazardous cargo.
    These proposed safety and security zones are necessary to protect 
the LHG vessels, LHG facilities, DVs, their crews and/or passengers, 
others in the maritime community, and the surrounding communities from 
subversive or terrorist attack against a vessel or a facility that 
could potentially cause serious negative impact to human life, the 
vessels, facilities, the port, or the environment. Safety and security 
zones are necessary to protect passenger vessels due to their potential 
as a target of subversive or terrorist attack, which could result in 
significant casualties. Vessels may transit through any portion of the 
proposed LHG facility safety and security zones that extend into the 
navigable channel for the sole purpose of transiting through the safety 
and

[[Page 70894]]

security zones so long as they remain within the navigable channel, 
maintain the maximum safe distance from the waterfront facility and do 
not stop or loiter within the safety and security zones.
    The Captain of the Port will notify the maritime community of the 
periods during which the proposed safety and security zones will be 
enforced by the methods identified in 33 CFR 165.7 including electronic 
mail broadcasts identifying ``Designated Vessel'' transit.

U.S. Coast Guard Cutters and Shore Facilities

    The Coast Guard proposes to establish permanent safety and security 
zones within 100 yards of each moored, or anchored, Coast Guard Cutter 
operating within the New York Marine Inspection and Captain of the Port 
Zones. We also propose to establish a safety and security zone within 
100 yards of Coast Guard Station New York, Staten Island, NY, Coast 
Guard Station Sandy Hook, NJ, Coast Guard Station Kings Point, NY, and 
Coast Guard Aids to Navigation Team New York, Bayonne, NJ.
    The proposed safety and security zones would protect Coast Guard 
assets, others in the maritime community, and the surrounding 
communities from subversive or terrorist attack against the Coast Guard 
that could cause serious damage to vessels, the port or the environment 
or adversely impact the Coast Guard's ability to conduct its assigned 
missions. The Captain of the Port does not expect this rule to 
interfere with the transit of any vessels through the waterways 
adjacent to any cutter or shoreside facility. Additionally, vessels 
would not be precluded from mooring at or getting underway from 
commercial or recreational piers in the vicinity of the zones.

Commercial Waterfront Facilities

    The Coast Guard proposes to establish a permanent safety and 
security zone within 25 yards of each commercial waterfront facility 
located within the New York Marine Inspection and Captain of the Port 
Zones that is capable of accepting barge, ship, or ferry vessels. A 
``commercial waterfront facility'' means all piers, wharves, docks and 
similar structures to which commercial vessels may be secured; areas of 
land or water under and in immediate proximity to them; buildings on 
such structures or contiguous to them; and equipment and materials on 
such structures and in such buildings. During transfer operations at a 
commercial waterfront facility, the 25-yard zone would be measured from 
the outboard side of the commercial vessel instead of the pierhead. 
These zones prohibit the entry of vessels that are not actively engaged 
in legitimate, scheduled transfer operations at the individual 
facilities. Vessels may transit through any portion of the proposed 
zone that extends into the navigable channel for the sole purpose of 
direct and expeditious transit through the zone so long as they remain 
within the navigable channel, maintain the maximum safe distance from 
the waterfront facility and do not stop or loiter within the zone.
    The proposed safety and security zones are necessary to protect 
each facility, commercial vessels moored at the facility, others in the 
maritime community, and the surrounding communities from subversive or 
terrorist attack against the facility that could potentially cause 
serious negative impact to commercial vessels, the port, or the 
environment. The Captain of the Port does not expect this rule to 
interfere with the transit of any vessels through the waterways 
adjacent to each facility. Additionally, vessels would not be precluded 
from mooring at or getting underway from commercial or recreational 
piers in the vicinity of the zone.

Liberty and Ellis Islands

    The Coast Guard proposes to establish a permanent safety and 
security zone encompassing all waters within 150 yards of Liberty 
Island, Ellis Island, and the bridge between Liberty State Park and 
Ellis Island.
    The proposed safety and security zones are necessary to protect 
each Island, the bridge between Liberty State Park and Ellis Island, 
authorized sight-seeing vessels operating at each island, others in the 
maritime community, and the surrounding communities from subversive or 
terrorist attack against the islands that could potentially cause 
serious negative impact to vessels, the port, or the environment. The 
Captain of the Port does not expect this rule to interfere with the 
transit of any vessels through the waterways adjacent to each Island. 
Additionally, vessels would not be precluded from mooring at or getting 
underway from commercial or recreational piers in the vicinity of the 
zones.

Bridge Piers and Abutments, Overhead Power Cable Towers, Piers, and 
Tunnel Ventilators

    The Coast Guard proposes to establish a permanent safety and 
security zone within 25 yards of each bridge pier and abutment, 
overhead power cable tower, pier, and tunnel ventilator, located within 
the waters of the New York Marine Inspection and Captain of the Port 
New York Zones, south of the Troy, NY Locks.
    The proposed safety and security zones are necessary to protect 
each bridge, overhead power cable, pier, abutment, tunnel ventilator, 
others in the maritime community, and the surrounding communities from 
subversive or terrorist attack against the protected structures that 
could potentially cause serious negative impact to commercial ground 
shipments by vehicle or railroad, private vehicle traffic, vessels, the 
port, or the environment. The Captain of the Port does not expect this 
rule to interfere with the transit of any vessels through the waterways 
adjacent to each bridge, overhead power cable, and tunnel ventilator. 
Vessels may transit through any portion of the proposed zone that 
extends into the navigable channel for the sole purpose of direct and 
expeditious transit through the zone so long as they remain within the 
navigable channel, maintain the maximum safe distance from the 
protected structure and do not stop or loiter within the zone. 
Additionally, vessels would not be precluded from mooring at or getting 
underway from commercial or recreational piers in the vicinity of the 
zones.

New York City Passenger Ship Terminal, Hudson River, NY

    The Coast Guard proposes to establish a permanent safety and 
security zone that would be enforced whenever passenger vessels are 
pierside at Pier 88, 90, or 92, or whenever the passenger ship terminal 
or the adjacent Intrepid Sea, Air and Space Museum, Manhattan are being 
used as an Emergency Operations Center. The Coast Guard will provide 
notification and termination of a particular safety or security zone by 
way of methods identified in 33 CFR 165.7.
    This proposed safety and security zone includes all waters of the 
Hudson River bound by the following points: from the northeast corner 
of Pier 96 where it intersects the seawall, thence west to approximate 
position 40[deg]46[min]23.1[sec] N, 073[deg]59[min]59.0[sec] W, thence 
south to approximate position 40[deg]45[min]55.3[sec] N, 
074[deg]00[min]20.2[sec] W (NAD 1983), thence east to the southeast 
corner of Pier 84 where it intersects the seawall, thence north along 
the shoreline to the point of origin. Marine traffic will still be able 
to transit through the western 660 yards of the 900-yard wide Hudson 
River during the activation of the zone. Vessels moored at piers within 
the safety and security

[[Page 70895]]

zone, however, will not be allowed to transit from their moorings 
without permission from the Captain of the Port, New York, during the 
effective periods of the proposed safety and security zone. The only 
vessels that would be affected by the safety or security zones would be 
other passenger vessels at the Passenger Terminal or visiting vessels 
at the Intrepid Sea, Air and Space Museum. The Captain of the Port may 
authorize these vessels to transit through these zones. The Captain of 
the Port does not anticipate any negative impact on vessel traffic due 
to this safety and security zone.
    The safety and security zones are necessary to protect the 
passenger vessels, their crews and passengers, others in the maritime 
community, and the surrounding communities from subversive or terrorist 
attack that could cause serious negative impact to vessels, the port, 
or the environment, and result in numerous casualties.
    The Captain of the Port will notify the maritime community of 
periods during which this safety and security zone will be enforced in 
accordance with methods identified in 33 CFR 165.7.
    Any violation of any safety or security zone proposed herein, is 
punishable by, among others, civil penalties (not to exceed $27,500 per 
violation, where each day of a continuing violation is a separate 
violation), criminal penalties (imprisonment for not more than 10 years 
and a fine of not more than $100,000), in rem liability against the 
offending vessel, and license sanctions. This regulation is proposed 
under the authority contained in 50 U.S.C. 191, 33 U.S.C. 1223, 1225 
and 1226.
    No person or vessel may enter or remain in a prescribed safety or 
security zone at any time without the permission of the Captain of the 
Port, New York. Each person or vessel in a safety or security zone 
shall obey any direction or order of the Captain of the Port. The 
Captain of the Port may take possession and control of any vessel in a 
security zone and/or remove any person, vessel, article or thing from a 
security zone.

Regulatory Evaluation

    This proposed 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).
    We expect the economic impact of this proposed 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 vessels will be able to transit around the 
safety and security zones at the Indian Point Nuclear Power Station, 
the Coast Guard Stations and Cutters, Commercial Waterfront Facilities, 
Liberty Island, Ellis Island, Bridge Piers and Abutments, Overhead 
Power Cable Towers and Abutments, Tunnel Ventilators, the New York City 
Passenger Ship Terminal, and the DVs, vessels can still transit through 
the harbor before, during, or after these vessels' transits, the 
expected short duration of these zones' activation, the expected 
infrequency of the activation of the safety and security zones around 
LHG vessels and LHG facilities, and advance notifications will be made 
by methods in accordance with 33 CFR 165.7.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This proposed 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 
New York Marine Inspection and Captain of the Port Zones in which entry 
would be prohibited by safety or security zones.
    These safety and security zones will not have a significant 
economic impact on a substantial number of small entities for the 
following reasons: vessels will be able to transit around the safety 
and security zones at the Indian Point Nuclear Power Station, the Coast 
Guard Stations and Cutters, Commercial Waterfront Facilities, Liberty 
Island, Ellis Island, Bridge Piers and Abutments, Overhead Power Cable 
Towers and Abutments, Tunnel Ventilators, the New York City Passenger 
Ship Terminal, and the DVs, vessels can still transit through the 
harbor before, during, or after these vessels' transits, the expected 
short duration of these zones' activation, the expected infrequency of 
the activation of the safety and security zones around LHG vessels and 
LHG facilities, and the advance notifications that will be provided by 
the methods described above.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would 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 would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact LCDR Morton, 
Waterways Oversight Branch, Activities New York, at 718-354-4012.

Collection of Information

    This proposed rule would call 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 proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

Unfunded Mandates Reform Act

    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 proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

[[Page 70896]]

Taking of Private Property

    This proposed rule would not affect 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed 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. We 
invite your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

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.

Environment

    We have considered the environmental impact of this proposed 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 safety and security zones. 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, and 160.5; 49 CFR 1.46.

    2. Revise Sec.  165.160 to read as follows:


Sec.  165.160  Safety and Security Zones: Liquefied Hazardous Gas 
Vessel, Liquefied Hazardous Gas Facility and Designated Vessel 
Transits, New York Marine Inspection Zone and Captain of the Port Zone.

    (a) Location. The following areas are safety and security zones:
    (1) All waters of the New York Marine Inspection Zone and Captain 
of the Port Zone within a 200-yard radius of any Liquefied Hazardous 
Gas (LHG) vessel or LHG facility.
    (2) All waters of the New York Marine Inspection Zone and Captain 
of the Port Zone within a 100-yard radius of any Designated Vessels.
    (b) Designated Vessels (DVs). For the purposes of this section, DVs 
are: Vessels certificated to carry 500 or more passengers; vessels 
carrying government officials or dignitaries requiring protection by 
the U.S. Secret Service, or other Federal, State or local law 
enforcement agency; and barges or ships carrying petroleum products, 
chemicals, or other hazardous cargo.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 and 165.33 apply.
    (2) All persons and vessels must 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 onboard Coast Guard, Coast Guard Auxiliary, 
local, state, and federal law enforcement vessels. Upon being hailed by 
U. S. Coast Guard patrol personnel by siren, radio, flashing light, or 
other means, the operator of a vessel shall proceed as directed.
    (3) The Captain of the Port will notify the maritime community of 
periods during which these zones will be enforced by methods in 
accordance with 33 CFR 165.7 and will identify DV vessel transits by 
way of electronic mail broadcast.
    3. Add Sec.  165.169 to read as follows:


Sec.  165.169  Safety and Security Zones: New York Marine Inspection 
Zone and Captain of the Port Zone.

    (a) Safety and security zones. The following waters within the New 
York Marine Inspection Zone and Captain of the Port Zone are safety and 
security zones:
    (1) Indian Point Nuclear Power Station (IPNPS). All waters of the 
Hudson River within a 300-yard radius of the IPNPS pier in approximate 
position 41[deg]16'12.4'' N, 073[deg]57'16.2'' W (NAD 83).
    (2) U.S. Coast Guard Cutters and Shore Facilities. All waters 
within 100 yards of: Each moored, or anchored, Coast Guard Cutter; 
Coast Guard Station New York, Staten Island, NY; Coast Guard Station 
Sandy Hook, NJ; Coast Guard Station Kings Point, NY; and Coast Guard 
Aids to Navigation Team New York, Bayonne, NJ.
    (3) Commercial Waterfront Facilities. All waters within 25 yards of 
each commercial waterfront facility that is capable of accepting barge, 
ferry or other commercial vessels. For purposes of this section, 
``commercial waterfront facility'' means all piers, wharves, docks and 
similar structures to which barge, ferry or other commercial vessels 
may be secured; areas of land or water under and in immediate proximity 
to them; buildings on such structures or contiguous to them; and 
equipment and materials on such structures and in such buildings.
    (i) When a barge, ferry or other commercial vessel is conducting 
transfer operations at a commercial waterfront facility, the 25-yard 
zone is measured from the outboard side of the commercial vessel.
    (ii) Vessels may transit through any portion of the zone that 
extends into the navigable channel for the sole purpose of direct and 
expeditious transit through the zone so long as they remain within the 
navigable channel, maintain the maximum safe distance from the 
commercial waterfront facility and do not stop or loiter within the 
zone.
    (4) Liberty and Ellis Islands. All waters within 150 yards of 
Liberty Island, Ellis Island, and the bridge

[[Page 70897]]

between Liberty State Park and Ellis Island.
    (5) Bridge Piers and Abutments, Overhead Power Cable Towers, Piers 
and Tunnel Ventilators. All waters within 25 yards of any bridge pier 
or abutment, overhead power cable tower, pier or tunnel ventilators 
south of the Troy, NY Locks. Vessels may transit through any portion of 
the zone that extends into the navigable channel for the sole purpose 
of direct and expeditious transit through the zone so long as they 
remain within the navigable channel, maintain the maximum safe distance 
from the waterfront facility and do not stop or loiter within the zone.
    (6) New York City Passenger Ship Terminal, Hudson River, NY--(i) 
Location. All waters of the Hudson River bound by the following points: 
from the northeast corner of Pier 96 where it intersects the seawall, 
thence west to approximate position 40[deg]46'23.1'' N, 
073[deg]59'59.0'' W, thence south to approximate position 
40[deg]45'55.3'' N, 074[deg]00'20.2'' W (NAD 1983), thence east to the 
southeast corner of Pier 84 where it intersects the seawall, thence 
north along the shoreline to the point of origin.
    (ii) Enforcement period. This zone will be enforced whenever 
passenger vessels are pierside at Pier 88, 90 or 92 or whenever the 
passenger ship terminal or the adjacent Intrepid Sea, Air and Space 
Museum, Manhattan are being used as an Emergency Operations Center. The 
activation and termination of a particular zone will be announced in 
accordance with 33 CFR 165.7.
    (b) Regulations. (1) The general regulations contained in 33 CFR 
165.23 and 165.33 apply.
    (2) Vessels not actively engaged in legitimate transfer operations 
shall not stop or loiter within that part of a commercial waterfront 
facility safety and security zone extending into the navigable channel, 
described in paragraph (a)(3) of this section, without the express 
permission of the Coast Guard Captain of the Port or the designated on-
scene patrol personnel.
    (3) 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 onboard Coast Guard, Coast Guard Auxiliary, 
local, state, and federal law enforcement vessels. Upon being hailed by 
U. S. Coast Guard patrol personnel by siren, radio, flashing light, or 
other means, the operator of a vessel shall proceed as directed.

    Dated: November 1, 2002.
C.E. Bone,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 02-30105 Filed 11-26-02; 8:45 am]
BILLING CODE 4910-15-P