[Federal Register Volume 68, Number 14 (Wednesday, January 22, 2003)]
[Rules and Regulations]
[Pages 2886-2891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1285]


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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: Final rule.

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SUMMARY: The Coast Guard is establishing 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 revising 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: This rule is effective January 1, 2003.

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 (CGD01-02-132) and are available for inspection or 
copying at room 204, Coast Guard Activities New

[[Page 2887]]

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:

Regulatory Information

    On November 27, 2002, we published a notice of proposed rulemaking 
(NPRM) entitled ``Safety and Security Zones; New York Marine Inspection 
Zone and Captain of the Port Zone'' in the Federal Register (67 FR 
70892). We received no letters commenting on the proposed rule. No 
public hearing was requested and none was held.
    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 Coast Guard promulgated a 
temporary final rule (66 FR 51558) establishing safety and security 
zones in the New York Marine Inspection and Captain of the Port Zones 
New York immediately following the terrorist attacks of September 11, 
2001. The measure was taken to safeguard human life, vessels and 
waterfront facilities from terrorist attack or sabotage. That temporary 
final rule was subsequently revised (67 FR 16016; 67 FR 53310) to 
extend its effective period through December 31, 2002. The temporary 
final rule has not been burdensome on the maritime public as evidenced 
by the absence of any response to previous invitations of comments 
regarding the temporary rule's terms or establishment. This final rule 
is essentially equivalent to the temporary rule in scope and effect and 
is necessary for the continued safety and security of the port. Our 
notice of proposed rulemaking for this final rule notified the public 
that we anticipated a January 1, 2003 effective date. No public 
comments or objections to the anticipated effective date were received. 
Any delay in the effective date of this regulation is unnecessary and 
contrary to the public interest.

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 
13273 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 is establishing 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 
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.

Discussion of Proposed Rule

    This rule establishes the following safety and security zones:

Indian Point Nuclear Power Station (IPNPS)

    The Coast Guard is establishing 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]16'12.4'' N, 
073[deg]57'16.2'' 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 will 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 will still be able to transit through the western 1,115 yards 
of the 1,415-yard wide Hudson River. Additionally, vessels will 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 is revising 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. This 
revision will 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 will also 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 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.

[[Page 2888]]

Vessels may transit through any portion of the LHG facility safety and 
security zones that extend into the navigable channel for the sole 
purpose of transiting through the safety and 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 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 is establishing 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 safety and security zones will 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 will 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 is establishing 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 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 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 will 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 is establishing 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 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 will 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 is establishing 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 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 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 will 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 is establishing a permanent safety and security 
zone that 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 is being used as 
an Emergency Operations Center. The Coast Guard will provide 
notification and termination of enforcement of a particular safety or 
security zone by way of methods identified in 33 CFR 165.7.
    This 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]46'23.1'' 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

[[Page 2889]]

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 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 safety and security zone. The only vessels that will be 
affected by the safety or security zones will 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 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 established 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 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 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 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 
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 will 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.

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. However, 
we received no requests for assistance from any small entities.
    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 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 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 rule will not result in such an expenditure, we 
do discuss the

[[Page 2890]]

effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will 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 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 might 
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 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 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, 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 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

[[Page 2891]]

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 is 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: December 30, 2002.
N.E. Merkle,
Captain, Coast Guard, Acting Captain of the Port, New York.
[FR Doc. 03-1285 Filed 1-21-03; 8:45 am]
BILLING CODE 4910-15-P