[Federal Register Volume 68, Number 33 (Wednesday, February 19, 2003)]
[Rules and Regulations]
[Pages 7926-7931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3980]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-03-010]
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; request for comments.

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SUMMARY: The Coast Guard is establishing temporary safety and security 
zones in portions of the waters around La Guardia and John F. Kennedy 
airports in Queens, NY, the New York City Police Department (NYPD) 
ammunition depot on Rodman Neck in Eastchester Bay, and the Port Newark 
and Port Elizabeth, NJ, commercial shipping facilities in Newark Bay. 
This action is necessary to safeguard critical port infrastructure and 
coastal facilities 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 from February 4, 2003 until September 1, 
2003. Comments and related material must reach the Coast Guard on or 
before April 21, 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 (CGD01-03-010) and are 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 (CGD01-03-
010), 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 temporary 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.

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. The Captain of the Port 
conducts an ongoing assessment of the maritime domain security needs 
within the port and has determined that the temporary safety and 
security zones established by this rule are necessary to provide for 
the protection of critical port infrastructure and coastal facilities. 
This determination was reached after due consideration of various 
warnings publicly disseminated by the Federal Bureau of Investigation 
and other law enforcement agencies, threatening statements attributed 
to the al Qaeda organization, terrorist attacks upon civil aviation in 
Kenya, Africa, and requests received from the police departments of New 
York City and the Port Authority of New York and New Jersey. In view of 
the urgent need to adequately safeguard critical coastal facilities and 
infrastructure from potential terrorist attack, any delay encountered 
by normal notice and comment rulemaking procedures would be contrary to 
the public interest.
    For the same reasons, the Coast Guard further finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register pursuant to 5 U.S.C. 553(d)(3).

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).
    Since the September 11, 2001 terrorist attacks, the Federal Bureau 
of Investigation has issued several warnings concerning the potential 
for additional attacks within the United States. In addition, the 
ongoing hostilities in Afghanistan and growing tensions within Iraq 
have made it prudent for U.S. ports and properties of national 
significance to be on a higher state of alert because the al Qaeda 
organization and other similar organizations have declared an ongoing

[[Page 7927]]

intention to conduct armed attacks on U.S. interests worldwide.
    The Captain of the Port New York recently established six new 
safety and security zones throughout the New York Marine Inspection 
Zone and Captain of the Port Zone. (68 FR 2890, January 22, 2003). 
Subsequently, the Captain of the Port has determined that the safety 
and security zones established by this rule are urgently required to 
meet critical maritime domain security needs that were not addressed by 
the earlier rule. The Captain of the Port will consider any public 
comments submitted with respect to the temporary zones established in 
this rule before commencing notice and comment rulemaking to develop 
any permanent successor rule that may be required to meet the security 
needs of the port.
    The Coast Guard is establishing temporary safety and security zones 
around La Guardia and John F. Kennedy airports, the New York City 
Police Department ammunition depot, and the Port Newark/Port Elizabeth 
commercial shipping facilities. These safety and security zones are 
necessary to provide for the safety of the port and to ensure that 
vessels, facilities, airports, or ammunition depots, 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 Temporary Rule

    This rule establishes the following temporary safety and security 
zones:
    La Guardia Airport, Bowery and Flushing Bays, Queens, NY.
    The Coast Guard is establishing a temporary safety and security 
zone in all waters of Bowery and Flushing Bays within approximately 200 
yards of La Guardia Airport bound by the following points: Onshore at 
Steinway, Queens in approximate position 40[deg]46'32.1'' N, 
073[deg]53'22.4'' W, thence to 40[deg]46'52.8'' N, 073[deg]53'09.3'' W, 
thence to 40[deg]46'54.8'' N, 073[deg]52'54.2'' W, thence to 
40[deg]46'59.3'' N, 073[deg]52'51.3'' W, thence to 40[deg]47'11.8'' N, 
073[deg]53'17.3'' W, thence to 40[deg]47'13.0'' N, 073[deg]53'16.1'' W 
on Rikers Island, thence easterly along the Rikers Island shoreline to 
approximate position 40[deg]47'12.9'' N, 073[deg]52'17.9'' W, thence to 
40[deg]47'16.7'' N, 073[deg]52'09.2'' W, thence to 40[deg]47'36.1'' N, 
073[deg]51'52.5'' W, thence to 40[deg]47'35.1'' N, 073[deg]51'50.5'' W, 
thence to 40[deg]47'15.9'' N, 073[deg]52'06.4'' W, thence to 
40[deg]47'14.5'' N, 073[deg]52'03.1'' W, thence to 40[deg]47'10.6'' N, 
073[deg]52'06.7'' W, thence to 40[deg]47'01.9'' N, 073[deg]52'02.4'' W, 
thence to 40[deg]46'50.4'' N, 073[deg]52'08.1'' W, thence to 
40[deg]46'26.8'' N, 073[deg]51'18.5'' W, thence to 40[deg]45'57.2'' N, 
073[deg]51'01.8'' W, thence to 40[deg]45'51.2'' N, 073[deg]50'59.6'' W, 
thence to 40[deg]45'49.5'' N, 073[deg]51'07.2'' W, thence to 
40[deg]45'58.8'' N, 073[deg]51'13.2'' W, thence to 40[deg]46'02.3'' N, 
073[deg]51'20.1'' W, thence to 40[deg]45'48.4'' N, 073[deg]51'37.0'' W, 
(NAD 1983) thence along the shoreline to the point of origin.
    Within the boundaries of the above-described zone, the Coast Guard 
is establishing another temporary safety and security zone in all 
waters of Bowery and Flushing Bays within approximately 100 yards of La 
Guardia Airport bound by the following points: Onshore at Steinway, 
Queens in approximate position 40[deg]46'32.1'' N, 073[deg]53'22.4'' W, 
thence to 40[deg]46'50.6'' N, 073[deg]53'07.3'' W, thence to 
40[deg]46'53.0'' N, 073[deg]52'50.9'' W, thence to 40[deg]46'57.6'' N, 
073[deg]52'47.9'' W, thence to 40[deg]47'11.8'' N, 073[deg]53'17.3'' W, 
thence to 40[deg]47'13.0'' N, 073[deg]53'16.1'' W on Rikers Island, 
thence easterly along the Rikers Island shoreline to approximate 
position 40[deg]47'12.9'' N, 073[deg]52'17.9'' W, thence to 
40[deg]47'16.7'' N, 073[deg]52'09.2'' W, thence to 40[deg]47'36.1'' N, 
073[deg]51'52.5'' W, thence to 40[deg]47'35.1'' N, 073[deg]51'50.5'' W, 
thence to 40[deg]47'15.9'' N, 073[deg]52'06.4'' W, thence to 
40[deg]47'14.5'' N, 073[deg]52'03.1'' W, thence to 40[deg]47'07.9'' N, 
073[deg]52'09.2'' W, thence to 40[deg]47'01.4'' N, 073[deg]52'06.1'' W, 
thence to 40[deg]46'50.0'' N, 073[deg]52'14.6'' W, thence to 
40[deg]46'22.2'' N, 073[deg]51'16.0'' W, thence to 40[deg]45'57.2'' N, 
073[deg]51'01.8'' W, thence to 40[deg]45'52.4'' N, 073[deg]51'00.2'' W, 
thence to 40[deg]45'50.6'' N, 073[deg]51'07.9'' W, thence to 
40[deg]45'58.8'' N, 073[deg]51'13.2'' W, thence to 40[deg]46'04.0'' N, 
073[deg]51'23.3'' W, thence to 40[deg]45'51.2'' N, 073[deg]51'38.8'' W, 
(NAD 1983) thence along the shoreline to the point of origin.
    When port security conditions permit, the Captain of the Port will 
allow vessels to operate within that portion of the 200-yard zone that 
lies outside of the waters described in the 100-yard zone. 
Authorization to enter the waters that lie between the outer boundaries 
of the two zones will be communicated by the Captain of the Port to the 
public by marine broadcast, local notice to mariners, or notice posted 
at http://www.harborops.com. This regulatory framework provides the 
Captain of the Port with the tools to safeguard airport property and 
equipment and the flexibility to accommodate local mariners to the 
maximum extent permissible under the circumstances then existing.

John F. Kennedy (JFK) Airport, Jamaica Bay, Queens, NY

    The Coast Guard is establishing four temporary safety and security 
zones in all waters near JFK Airport bound by the following points:
    First, all waters of Bergen Basin north of 40[deg]39'26.4'' N.
    Second, all waters of Thurston Basin north of 40[deg]38'21.2'' N.
    Third, all waters of Jamaica Bay within approximately 200 yards of 
John F. Kennedy Airport bound by the following points: Onshore east of 
Bergen Basin, Queens in approximate position 40[deg]38'49.0'' N, 
073[deg]49'09.1'' W, thence to 40[deg]38'42.5'' N, 073[deg]49'13.2'' W, 
thence to 40[deg]38'00.6'' N, 073[deg]47'35.1'' W, thence to 
40[deg]37'52.3'' N, 073[deg]47'55.0'' W, thence to 40[deg]37'50.3'' N, 
073[deg]47'53.5'' W, thence to 40[deg]37'59.4'' N, 073[deg]47'32.6'' W, 
thence to 40[deg]37'46.1'' N, 073[deg]47'07.2'' W, thence to 
40[deg]37'19.5'' N, 073[deg]47'30.4'' W, thence to 40[deg]37'05.5'' N, 
073[deg]47'03.0'' W, thence to 40[deg]37'34.7'' N, 073[deg]46'40.6'' W, 
thence to 40[deg]37'20.5'' N, 073[deg]46'23.5'' W, thence to 
40[deg]37'05.7'' N, 073[deg]46'34.9'' W, thence to 40[deg]36'54.8'' N, 
073[deg]46'26.7'' W, thence to 40[deg]37'14.1'' N, 073[deg]46'10.8'' W, 
thence to 40[deg]37'36.9'' N, 073[deg]45'52.8'' W, thence to 
40[deg]38'00.8'' N, 073[deg]44'54.9'' W, thence to 40[deg]38'05.1'' N, 
073[deg]45'00.3'' W, (NAD 1983) thence along the shoreline to the point 
of origin.
    Fourth, within the boundaries of the above-described 200 yard zone, 
all waters of Jamaica Bay within approximately 100 yards of John F. 
Kennedy Airport bound by the following points: Onshore east of Bergen 
Basin, Queens in approximate position 40[deg]38'49.0'' N, 
073[deg]49'09.1'' W, thence to 40[deg]38'45.1'' N, 073[deg]49'11.6'' W, 
thence to 40[deg]38'02.0'' N, 073[deg]47'31.8'' W, thence to 
40[deg]37'52.3'' N, 073[deg]47'55.0'' W, thence to 40[deg]37'50.3'' N, 
073[deg]47'53.5'' W, thence to 40[deg]38'00.8'' N, 073[deg]47'29.4'' W, 
thence to 40[deg]37'47.4'' N, 073[deg]47'02.4'' W, thence to 
40[deg]37'19.9'' N, 073[deg]47'25.0'' W, thence to 40[deg]37'10.0'' N, 
073[deg]47'03.7'' W, thence to 40[deg]37'37.7'' N, 073[deg]46'41.2'' W, 
thence to 40[deg]37'22.6'' N, 073[deg]46'21.9'' W, thence to 
40[deg]37'05.7'' N, 073[deg]46'34.9'' W, thence to 40[deg]36'54.8'' N, 
073[deg]46'26.7'' W, thence to 40[deg]37'14.1'' N, 073[deg]46'10.8'' W, 
thence to 40[deg]37'40.0'' N, 073[deg]45'55.6'' W, thence to 
40[deg]38'02.8'' N, 073[deg]44'57.5'' W, thence to 40[deg]38'05.1'' N, 
073[deg]45'00.3'' W, (NAD 1983) thence along the shoreline to the point 
of origin.
    When port security conditions permit, the Captain of the Port will 
allow vessels to operate within that portion of the 200-yard zone in 
Jamaica Bay that lies outside of the waters described in the 100-yard 
zone. Authorization to enter the waters that lie between the outer 
boundaries of those two zones will be communicated by the Captain of 
the Port to the public by marine broadcast, local notice to mariners, 
or notice posted at http://www.harborops.com. This regulatory framework 
provides the Captain of the Port with both the authority to safeguard 
airport property

[[Page 7928]]

and equipment and the flexibility to accommodate local mariners to the 
maximum extent permissible under the circumstances then existing.

NYPD Ammunition Depot, Rodman Neck, Eastchester Bay, NY

    The Coast Guard is establishing two temporary safety and security 
zones in all waters of Eastchester Bay near the NYPD Ammunition Depot 
bound by the following points:
    First, all waters of Eastchester Bay within approximately 150 yards 
of Rodman Neck bound by the following points: Onshore in approximate 
position 40[deg]51'30.4'' N, 073[deg]48'14.9'' W, thence to 
40[deg]51'29.9'' N, 073[deg]48'20.7'' W, thence to 40[deg]51'16.9'' N, 
073[deg]48'22.5'' W, thence to 40[deg]51'07.5'' N, 073[deg]48'18.7'' W, 
thence to 40[deg]50'54.2'' N, 073[deg]48'11.1'' W, thence to 
40[deg]50'48.5'' N, 073[deg]48'04.6'' W, thence to 40[deg]50'49.2'' N, 
073[deg]47'56.5'' W, thence to 40[deg]51'03.6'' N, 073[deg]47'47.3'' W, 
thence to 40[deg]51'15.7'' N, 073[deg]47'46.8'' W, thence to 
40[deg]51'23.5'' N, 073[deg]47'41.9'' W, (NAD 1983) thence 
southwesterly along the shoreline to the point of origin.
    Second, within the boundaries of the above-described 150-yard zone, 
all waters of Eastchester Bay within approximately 100 yards of Rodman 
Neck bound by the following points: Onshore in approximate position 
40[deg]51'30.4'' N, 073[deg]48'14.9'' W, thence to 40[deg]51'30.1'' N, 
073[deg]48'19.0'' W, thence to 40[deg]51'16.8'' N, 073[deg]48'20.5'' W, 
thence to 40[deg]51'07.9'' N, 073[deg]48'16.8'' W, thence to 
40[deg]50'54.9'' N, 073[deg]48'09.0'' W, thence to 40[deg]50'49.7'' N, 
073[deg]48'03.6'' W, thence to 40[deg]50'50.1'' N, 073[deg]47'57.9'' W, 
thence to 40[deg]51'04.6'' N, 073[deg]47'48.9'' W, thence to 
40[deg]51'15.9'' N, 073[deg]47'48.4'' W, thence to 40[deg]51'23.5'' N, 
073[deg]47'41.9'' W, (NAD 1983) thence southwesterly along the 
shoreline to the point of origin.
    When port security conditions permit, the Captain of the Port will 
allow vessels to operate within that portion of the 150-yard zone that 
lies outside of the waters described in the 100-yard zone. 
Authorization to enter the waters that lie between the outer boundaries 
of the two zones will be communicated by the Captain of the Port to the 
public by marine broadcast, local notice to mariners, or notice posted 
at http://www.harborops.com. This regulatory framework provides the 
Captain of the Port with the tools to safeguard Police Department 
property and equipment and the flexibility to accommodate local 
mariners to the maximum extent permissible under the circumstances then 
existing.

Port Newark/Port Elizabeth, Newark Bay, NJ

    The Coast Guard is establishing a temporary safety and security 
zone that includes all waters of Newark Bay bound by the following 
points: 40[deg]41'49.9'' N, 074[deg]07'32.2'' W, thence to 
40[deg]41'46.5'' N, 074[deg]07'20.4'' W, thence to 40[deg]41'10.7'' N, 
074[deg]07'45.9'' W, thence to 40[deg]40'54.3'' N, 074[deg]07'55.7'' W, 
thence to 40[deg]40'36.2'' N, 074[deg]08'03.8'' W, thence to 
40[deg]40'29.1'' N, 074[deg]08'06.3'' W, thence to 40[deg]40'21.9'' N, 
074[deg]08'10.0'' W, thence to 40[deg]39'27.9'' N, 074[deg]08'43.6'' W, 
thence to 40[deg]39'21.5'' N, 074[deg]08'50.1'' W, thence to 
40[deg]39'21.5'' N, 074[deg]09'54.3'' W, (NAD 1983) thence northerly 
along the shoreline to the point of origin.
    The zones described above are necessary to protect the La Guardia 
and John F. Kennedy airports, NYPD ammunition depot, and the Port 
Newark/Port Elizabeth commercial shipping facilities, others in the 
maritime community, and the surrounding communities from subversive or 
terrorist attack against the airports, ammunition depot, and commercial 
shipping facilities that could potentially cause serious negative 
impact to vessels, the port, commercial ground shipments by vehicle or 
rail, airline traffic, or the environment and result in numerous 
casualties. 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. Vessels will still be able to transit around 
the safety and security zones at all times. Additionally, vessels will 
not be precluded from mooring at or getting underway from commercial or 
recreational piers in the vicinity of the zones.
    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: The zones are temporary in nature; the zones implicate 
relatively small portions of the waterway; vessels will be able to 
transit around the safety and security zones at all times; commercial 
vessels visiting Port Newark/Port Elizabeth are already subject to 
control of the Vessel Traffic Service and previously established safety 
and security zones while recreational and fishing vessels are unlikely 
to operate within that area; and the Captain of the Port will relax the 
enforcement of the 200-yard zones around airport facilities and the 
150-yard zone around the NYPD ammunition depot whenever he determines 
that the security environment existing within the port allows him to do 
so.

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: The zones are

[[Page 7929]]

temporary in nature; the zones implicate relatively small portions of 
the waterway; vessels will be able to transit around the safety and 
security zones at all times; commercial vessels visiting Port Newark/
Port Elizabeth are already subject to control of the Vessel Traffic 
Service and previously established safety and security zones while 
recreational and fishing vessels are unlikely to operate within that 
area; and the Captain of the Port will relax the enforcement of the 
200-yard zones around airport facilities and the 150-yard zone around 
the NYPD ammunition depot whenever he determines that the security 
environment existing within the port allows him to do so.
    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 (Pub. L. 104-121), we want to assist small 
entities in understanding this temporary rule so that we can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Lieutenant Commander W. Morton, 
Waterways Oversight Branch, Coast Guard Activities New York at (718) 
354-4012.

Collection of Information

    This temporary 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 temporary 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 temporary 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 temporary 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 temporary 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 temporary rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This temporary 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 temporary 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, 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 temporary 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 temporary 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. From February 4, 2003 to September 1, 2003, in Sec.  165.169 add 
new paragraphs (a)(7), (a)(8), (a)(9) and (a)(10) to read as follows:


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

    (a) * * *
    (7) La Guardia Airport, Bowery and Flushing Bays, Queens, NY.--(i) 
Location: 200-Yard Zone. All waters of Bowery and Flushing Bays within 
approximately 200 yards of La Guardia Airport bound by the following 
points: Onshore at Steinway, Queens in approximate position 
40[deg]46'32.1'' N, 073[deg]53'22.4'' W, thence to 40[deg]46'52.8'' N, 
073[deg]53'09.3'' W, thence to 40[deg]46'54.8'' N, 073[deg]52'54.2'' W, 
thence to 40[deg]46'59.3'' N, 073[deg]52'51.3'' W, thence to 
40[deg]47'11.8'' N, 073[deg]53'17.3'' W, thence to 40[deg]47'13.0'' N, 
073[deg]53'16.1'' W on Rikers Island, thence easterly along the Rikers 
Island shoreline to approximate position 40[deg]47'12.9'' N, 
073[deg]52'17.9'' W, thence to 40[deg]47'16.7'' N, 073[deg]52'09.2'' W, 
thence to 40[deg]47'36.1'' N, 073[deg]51'52.5'' W, thence to 
40[deg]47'35.1'' N, 073[deg]51'50.5'' W, thence to 40[deg]47'15.9'' N, 
073[deg]52'06.4'' W, thence to 40[deg]47'14.5'' N, 073[deg]52'03.1'' W, 
thence to 40[deg]47'10.6'' N, 073[deg]52'06.7'' W, thence to 
40[deg]47'01.9'' N, 073[deg]52'02.4'' W, thence to 40[deg]46'50.4'' N, 
073[deg]52'08.1'' W, thence to 40[deg]46'26.8'' N, 073[deg]51'18.5'' W, 
thence to

[[Page 7930]]

40[deg]45'57.2'' N, 073[deg]51'01.8'' W, thence to 40[deg]45'51.2'' N, 
073[deg]50'59.6'' W, thence to 40[deg]45'49.5'' N, 073[deg]51'07.2'' W, 
thence to 40[deg]45'58.8'' N, 073[deg]51'13.2'' W, thence to 
40[deg]46'02.3'' N, 073[deg]51'20.1'' W, thence to 40[deg]45'48.4'' N, 
073[deg]51'37.0'' W, (NAD 1983) thence along the shoreline to the point 
of origin.
    (ii) Location: 100-Yard Zone. All waters of Bowery and Flushing 
Bays within approximately 100 yards of La Guardia Airport bound by the 
following points: Onshore at Steinway, Queens in approximate position 
40[deg]46'32.1'' N, 073[deg]53'22.4'' W, thence to 40[deg]46'50.6'' N, 
073[deg]53'07.3'' W, thence to 40[deg]46'53.0'' N, 073[deg]52'50.9'' W, 
thence to 40[deg]46'57.6'' N, 073[deg]52'47.9'' W, thence to 
40[deg]47'11.8'' N, 073[deg]53'17.3'' W, thence to 40[deg]47'13.0'' N, 
073[deg]53'16.1'' W on Rikers Island, thence easterly along the Rikers 
Island shoreline to approximate position 40[deg]47'12.9'' N, 
073[deg]52'17.9'' W, thence to 40[deg]47'16.7'' N, 073[deg]52'09.2'' W, 
thence to 40[deg]47'36.1'' N, 073[deg]51'52.5'' W, thence to 
40[deg]47'35.1'' N, 073[deg]51'50.5'' W, thence to 40[deg]47'15.9'' N, 
073[deg]52'06.4'' W, thence to 40[deg]47'14.5'' N, 073[deg]52'03.1'' W, 
thence to 40[deg]47'07.9'' N, 073[deg]52'09.2'' W, thence to 
40[deg]47'01.4'' N, 073[deg]52'06.1'' W, thence to 40[deg]46'50.0'' N, 
073[deg]52'14.6'' W, thence to 40[deg]46'22.2'' N, 073[deg]51'16.0'' W, 
thence to 40[deg]45'57.2'' N, 073[deg]51'01.8'' W, thence to 
40[deg]45'52.4'' N, 073[deg]51'00.2'' W, thence to 40[deg]45'50.6'' N, 
073[deg]51'07.9'' W, thence to 40[deg]45'58.8'' N, 073[deg]51'13.2'' W, 
thence to 40[deg]46'04.0'' N, 073[deg]51'23.3'' W, thence to 
40[deg]45'51.2'' N, 073[deg]51'38.8'' W, (NAD 1983) thence along the 
shoreline to the point of origin.
    (iii) Enforcement period. The zones described in paragraph (a)(7) 
of this section will be effective at all times. When port security 
conditions permit, the Captain of the Port will allow vessels to 
operate within that portion of the waters described in paragraph 
(a)(7)(i) of this section. That lies outside of the waters described in 
paragraph (a)(7)(ii) of this section: Authorization to enter the waters 
that lie between the outer boundaries of the zones described in 
paragraphs (a)(7)(i) and (a)(7)(ii) of this section will be 
communicated by the Captain of the Port to the public by marine 
broadcast, or local notice to mariners, or notice posted at http://www.harborops.com.
    (8) John F. Kennedy Airport, Jamaica Bay, Queens, NY.--(i) 
Location: Bergen Basin. All waters of Bergen Basin north of 
40[deg]39'26.4'' N.
    (ii) Location: Thurston Basin. All waters of Thurston Basin north 
of 40[deg]38'21.2'' N.
    (iii) Location: 200-Yard Zone. All waters of Jamaica Bay within 
approximately 200 yards of John F. Kennedy Airport bound by the 
following points: Onshore east of Bergen Basin, Queens in approximate 
position 40[deg]38'49.0'' N, 073[deg]49'09.1'' W, thence to 
40[deg]38'42.5'' N, 073[deg]49'13.2'' W, thence to 40[deg]38'00.6'' N, 
073[deg]47'35.1'' W, thence to 40[deg]37'52.3'' N, 073[deg]47'55.0'' W, 
thence to 40[deg]37'50.3'' N, 073[deg]47'53.5'' W, thence to 
40[deg]37'59.4'' N, 073[deg]47'32.6'' W, thence to 40[deg]37'46.1'' N, 
073[deg]47'07.2'' W, thence to 40[deg]37'19.5'' N, 073[deg]47'30.4'' W, 
thence to 40[deg]37'05.5'' N, 073[deg]47'03.0'' W, thence to 
40[deg]37'34.7'' N, 073[deg]46'40.6'' W, thence to 40[deg]37'20.5'' N, 
073[deg]46'23.5'' W, thence to 40[deg]37'05.7'' N, 073[deg]46'34.9'' W, 
thence to 40[deg]36'54.8'' N, 073[deg]46'26.7'' W, thence to 
40[deg]37'14.1'' N, 073[deg]46'10.8'' W, thence to 40[deg]37'36.9'' N, 
073[deg]45'52.8'' W, thence to 40[deg]38'00.8'' N, 073[deg]44'54.9'' W, 
thence to 40[deg]38'05.1'' N, 073[deg]45'00.3'' W, (NAD 1983) thence 
along the shoreline to the point of origin.
    (iv) Location: 100-Yard Zone. All waters of Jamaica Bay within 
approximately 100 yards of John F. Kennedy Airport bound by the 
following points: Onshore east of Bergen Basin, Queens in approximate 
position 40[deg]38'49.0'' N, 073[deg]49'09.1'' W, thence to 
40[deg]38'45.1'' N, 073[deg]49'11.6'' W, thence to 40[deg]38'02.0'' N, 
073[deg]47'31.8'' W, thence to 40[deg]37'52.3'' N, 073[deg]47'55.0'' W, 
thence to 40[deg]37'50.3'' N, 073[deg]47'53.5'' W, thence to 
40[deg]38'00.8'' N, 073[deg]47'29.4'' W, thence to 40[deg]37'47.4'' N, 
073[deg]47'02.4'' W, thence to 40[deg]37'19.9'' N, 073[deg]47'25.0'' W, 
thence to 40[deg]37'10.0'' N, 073[deg]47'03.7'' W, thence to 
40[deg]37'37.7'' N, 073[deg]46'41.2'' W, thence to 40[deg]37'22.6'' N, 
073[deg]46'21.9'' W, thence to 40[deg]37'05.7'' N, 073[deg]46'34.9'' W, 
thence to 40[deg]36'54.8'' N, 073[deg]46'26.7'' W, thence to 
40[deg]37'14.1'' N, 073[deg]46'10.8'' W, thence to 40[deg]37'40.0'' N, 
073[deg]45'55.6'' W, thence to 40[deg]38'02.8'' N, 073[deg]44'57.5'' W, 
thence to 40[deg]38'05.1'' N, 073[deg]45'00.3'' W, (NAD 1983) thence 
along the shoreline to the point of origin.
    (v) Enforcement period. The zones described in paragraphs (a)(8) of 
this section will be effective at all times. When port security 
conditions permit, the Captain of the Port will allow vessels to 
operate within that portion of the waters described in paragraph 
(a)(8)(iii) of this section that lies outside of the waters described 
in paragraph (a)(8)(iv) of this section. Authorization to enter the 
waters that lie between the outer boundaries of the zones described in 
paragraphs (a)(8)(iii) and (a)(8)(iv) of this section will be 
communicated by the Captain of the Port to the public by marine 
broadcast, local notice to mariners, or notice posted at http://www.harborops.com.
    (9) NYPD Ammunition Depot, Rodman Neck, Eastchester Bay, NY.--(i) 
Location: 150-Yard Zone. All waters of Eastchester Bay within 
approximately 150 yards of Rodman Neck bound by the following points: 
Onshore in approximate position 40[deg]51'30.4'' N, 073[deg]48'14.9'' 
W, thence to 40[deg]51'29.9'' N, 073[deg]48'20.7'' W, thence to 
40[deg]51'16.9'' N, 073[deg]48'22.5'' W, thence to 40[deg]51'07.5'' N, 
073[deg]48'18.7'' W, thence to 40[deg]50'54.2'' N, 073[deg]48'11.1'' W, 
thence to 40[deg]50'48.5'' N, 073[deg]48'04.6'' W, thence to 
40[deg]50'49.2'' N, 073[deg]47'56.5'' W, thence to 40[deg]51'03.6'' N, 
073[deg]47'47.3'' W, thence to 40[deg]51'15.7'' N, 073[deg]47'46.8'' W, 
thence to 40[deg]51'23.5'' N, 073[deg]47'41.9'' W, (NAD 1983) thence 
southwesterly along the shoreline to the point of origin.
    (ii) Location: 100-Yard Zone. All waters of Eastchester Bay within 
approximately 100 yards of Rodman Neck bound by the following points: 
Onshore in approximate position 40[deg]51'30.4'' N, 073[deg]48'14.9'' 
W, thence to 40[deg]51'30.1'' N, 073[deg]48'19.0'' W, thence to 
40[deg]51'16.8'' N, 073[deg]48'20.5'' W, thence to 40[deg]51'07.9'' N, 
073[deg]48'16.8'' W, thence to 40[deg]50'54.9'' N, 073[deg]48'09.0'' W, 
thence to 40[deg]50'49.7'' N, 073[deg]48'03.6'' W, thence to 
40[deg]50'50.1'' N, 073[deg]47'57.9'' W, thence to 40[deg]51'04.6'' N, 
073[deg]47'48.9'' W, thence to 40[deg]51'15.9'' N, 073[deg]47'48.4'' W, 
thence to 40[deg]51'23.5'' N, 073[deg]47'41.9'' W, (NAD 1983) thence 
southwesterly along the shoreline to the point of origin.
    (iii) Enforcement period. The zones described in paragraph (a)(9) 
of this section will be effective at all times. When port security 
conditions permit, the Captain of the Port will allow vessels to 
operate within that portion of the waters described in paragraph 
(a)(9)(i) of this section that lies outside of the waters described in 
paragraph (a)(9)(ii) of this section. Authorization to enter the waters 
that lie between the outer boundaries of the zones described in 
paragraphs (a)(9)(i) and (a)(9)(ii) of this section will be 
communicated by the Captain of the Port to the public by marine 
broadcast, local notice to mariners, or notice posted at http://www.harborops.com.
    (10) Port Newark/Port Elizabeth, Newark Bay, NJ. All waters of 
Newark Bay bound by the following points: 40[deg]41'49.9'' N, 
074[deg]07'32.2'' W, thence to 40[deg]41'46.5'' N, 074[deg]07'20.4'' W, 
thence to 40[deg]41'10.7'' N, 074[deg]07'45.9'' W, thence to 
40[deg]40'54.3'' N, 074[deg]07'55.7'' W, thence to 40[deg]40'36.2'' N, 
074[deg]08'03.8'' W, thence to 40[deg]40'29.1'' N, 074[deg]08'06.3'' W, 
thence to 40[deg]40'21.9'' N, 074[deg]08'10.0'' W, thence to 
40[deg]39'27.9'' N, 074[deg]08'43.6'' W, thence to 40[deg]39'21.5'' N, 
074[deg]08'50.1'' W, thence to 40[deg]39'21.5'' N, 074[deg]09'54.3'' W, 
(NAD 1983) thence northerly along the shoreline to the point of origin.
* * * * *


[[Page 7931]]


    Dated: February 4, 2003.
Craig E. Bone,
Captain, Coast Guard Captain of the Port, New York.
[FR Doc. 03-3980 Filed 2-18-03; 8:45 am]
BILLING CODE 4910-15-P