[Federal Register Volume 69, Number 12 (Tuesday, January 20, 2004)]
[Rules and Regulations]
[Pages 2666-2671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1136]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD01-03-036]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing permanent 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, the Port Newark and 
Port Elizabeth, NJ, commercial shipping facilities in Newark Bay, and 
between the Global Marine and Military Ocean Terminals in Upper New 
York Bay. This action is necessary to safeguard critical port 
infrastructure and coastal facilities from sabotage, subversive acts, 
or other threats. The zones prohibit entry into or movement within 
these areas without authorization from the Captain of the Port New 
York.

DATES: This rule is effective January 20, 2004.

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 (CGD01-03-036) and are available for inspection or 
copying at room 203, 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) 
354-4191.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On February 19, 2003, we published a temporary final rule; request 
for comments (TFR) entitled ``Safety and Security Zones; New York 
Marine Inspection Zone and Captain of the Port Zone'' in the Federal 
Register (68 FR 7926). We received no letters commenting on the 
temporary rule. No public hearing was requested, and none was held.
    On August 7, 2003, 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 (68 FR 
46984). We received three 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 operates under a 
three-tiered system of Maritime Security (MARSEC) conditions that are 
aligned with the color-coded Homeland Security Advisory System 
Conditions (HSAS). The port of New York has been elevated to the second 
highest level of alert MARSEC II/HSAS ORANGE based on recent 
intelligence information. Vessel control measures for the Coast Guard 
to establish heightened deterrence and detection of terrorist 
activities in the port are necessary.
    Additionally, the Maritime Administration recently issued MARAD 
Advisory 03-06 (221500ZDEC 03) informing operators of maritime 
interests of increased threat possibilities to vessels and facilities 
and a higher risk of terrorist attack to the transportation community 
in the United States. Further, the heightened security posture of the 
country and U. S. maritime interests, described below, continues.
    For these reasons, under 5 U.S.C. 553(d)(3), the Coast Guard finds 
that good cause exists for making this rule effective less than 30 days 
after publication in the Federal Register. The measures contemplated by 
the rule are intended to prevent waterborne acts of sabotage or 
terrorism, which terrorists have demonstrated a capability to carry 
out. Immediate action is needed to defend against and deter these 
terrorist acts. Any delay in the effective date of this rule is 
impracticable 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

[[Page 2667]]

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 the 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 the war in 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 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 determined that additional safety 
and security zones are urgently required to meet critical maritime 
domain security needs that were not addressed by the earlier rule.
    On February 19, 2003, we published a Temporary final rule; request 
for comments entitled ``Safety and Security Zones; New York Marine 
Inspection Zone and Captain of the Port Zone'' in the Federal Register 
(68 FR 7926) temporarily establishing these additional safety and 
security zones. We followed this with the publication of an NPRM to 
make these additional zones permanent (68 FR 46984, August 7, 2003). We 
received three letters commenting on the proposed rule. No public 
hearing was requested, and none was held.
    As we proposed in August 2003, the Coast Guard is establishing 
permanent safety and security zones around La Guardia and John F. 
Kennedy airports, the New York City Police Department ammunition depot, 
the Port Newark/Port Elizabeth commercial shipping facilities, and 
between the Global Marine and Military Ocean Terminals, west of the New 
Jersey Pierhead Channel.
    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 restrict entry into or movement within 
portions of the New York Marine Inspection and Captain of the Port 
Zones.

Discussion of Comments and Changes

    The Coast Guard received a total of three comments to the notice of 
proposed rulemaking. What follows is a review of, and the Coast Guard's 
response to, the issues and questions that were presented by these 
commenters concerning the proposed regulations.
    (1) The Coast Guard received a petition with 75 signatures 
requesting the waters between the Military Ocean and Global Marine 
Terminals be authorized for use for recreational boating, crabbing, 
swimming, fishing, and water skiing as it is asserted to be a quiet 
anchorage and one of the only areas around Bayonne that can be used by 
the boaters of Bayonne and Jersey City. The petition suggested the 
Coast Guard issue identification cards to users after they register 
with the Coast Guard. The Coast Guard has considered these comments.
    The water between the Military Ocean and Global Marine Terminals is 
not an anchorage area. Recreational boaters may still operate in nearby 
areas of Newark Bay and Upper New York Bay outside of current safety 
and security zones. The Coast Guard does not have the resources 
available, and does not deem it practicable, to regularly conduct 
background checks, issue identification cards, and check recreational 
boaters for compliance at the waterway entrance to this commercial and 
Coast Guard facility. Accordingly, no changes have been made to this 
rule.
    (2) One commenter requested that the Coast Guard consider extending 
the zones to account for navigational piers extending out into the 
navigable waters and shifting shorelines, to account for security 
concerns raised by the commenter. The Coast Guard held two meetings 
with the commenter to discuss the effects and desirability of any 
further extensions. Based on the information submitted and the meetings 
held, the Coast Guard has determined that no additional changes are 
desired from the proposed rule.
    (3) One commenter supported the proposed rulemaking but sought 
clarification of the Coast Guard's procedures for accessing safety and 
security zones. The Coast Guard described its current procedures and 
referred the commenter to the Harbor Operations Safety and Navigation 
Committee's Web site, www.harborops.com, for further information.
    No changes have been made to this rulemaking.

Discussion of Proposed Rule

    This rule establishes the following safety and security zones:

La Guardia Airport, Bowery and Flushing Bays, Queens, NY

    The Coast Guard is establishing a safety and security zone in all 
waters of Bowery and Flushing Bays within approximately 200 yards of La 
Guardia Airport. The zone would start at a point onshore in Steinway, 
Queens (approximate position 40[deg]46'32.1'' N, 073[deg]53'22.4'' W 
(NAD 1983)), proceeding east/northeast, 200 yards off the shoreline to 
a point 200 yards off the shoreline and 25 yards southeast of the 
lighted runway approach extending through Rikers Island Channel, 
continuing to the northwest, maintaining a distance of 25 yards off the 
lighted runway approach, to a point 25 yards past the end of the 
lighted runway approach, to the Rikers Island shoreline in approximate 
position, 40[deg]47'13.0'' N, 073[deg]53'16.1'' W, thence easterly 
along the Rikers Island shoreline to approximate position 
40[deg]47'12.9'' N, 073[deg]52'17.9'' W, maintaining a distance of 25 
yards around the lighted runway approach extending to the east of 
Rikers Island, to a point 200 yards off the shoreline of La Guardia 
Field, continuing 200 yards off the shoreline to where it intersects 
the southern boundary of Flushing Bay Channel, continuing along the 
southern boundary of Flushing Bay Channel to where it intersects the 
northern boundary of the western Special Anchorage Area, and continuing 
along the northern boundary of the Special Anchorage Area to 
approximate position 40[deg]45'48.4'' N, 073[deg]51'37.0'' W, (NAD 
1983) in East Elmhurst, Queens, thence along the shoreline to the point 
of origin.
    Within the boundaries of this zone, the Coast Guard is establishing 
another safety and security zone in all waters of Bowery and Flushing 
Bays within approximately 100 yards of La Guardia Airport.
    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

[[Page 2668]]

marine broadcast, local notice to mariners, or notice posted at 
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 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. The zone starts at a point onshore east of 
Bergen Basin, Queens in approximate position 40[deg]38'49.0'' N, 
073[deg]49'09.1'' W, thence 200 yards offshore to approximate position 
40[deg]38'42.5'' N, 073[deg]49'13.2'' W, (NAD 1983) proceeding east/
southeast, 200 yards off the shoreline to a point 200 yards off the 
shoreline and 25 yards off the lighted runway approach extending north 
of East High Meadow, maintaining a distance of 25 yards around the 
lighted runway approach, to a point 200 yards off the shoreline, 
continuing 200 yards off the shoreline to Jamaica Bay Grass Hassock 
Channel LIGHT 23 (LLNR 34485), continuing along the northern boundary 
of Head of Bay Channel, maintaining a 200 yard boundary to approximate 
position thence to 40[deg]38'00.8'' N, 073[deg]44'54.9'' W, about 690 
yards northeast of Head of Bay Buoy 30 (LLNR 34545) thence to the 
shoreline at 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 this zone, the Coast Guard is 
establishing another safety and security zone in all waters of Jamaica 
Bay within approximately 100 yards of John F. Kennedy Airport.
    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 www.harborops.com. This regulatory framework 
provides the Captain of the Port with both the authority to safeguard 
airport property 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 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. The zone starts at a point on the western shore of 
Rodman Neck in approximate position 40[deg]51'30.4'' N, 
073[deg]48'14.9'' W, thence 150 yards offshore to 40[deg]51'29.9'' N, 
073[deg]48'20.7'' W, (NAD 1983) proceeding around the southern end of 
Rodman Neck and then north to a point onshore in approximate position 
40[deg]51'23.5'' N, 073[deg]47'41.9'' W, (NAD 1983), south of the City 
Island Bridge, thence southwesterly along the shoreline to the point of 
origin.
    Second, within the boundaries of this zone, the Coast Guard is 
establishing another safety and security zone in all waters of 
Eastchester Bay within approximately 100 yards of Rodman Neck.
    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 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 safety and security zone around 
the Port Newark and Port Elizabeth facilities in Newark Bay. The zone 
starts at a point onshore at the New Jersey Extension Bridge in 
approximate position 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, (NAD 1983) at the western edge 
of Newark Bay North Reach, proceeding along the western edge of Newark 
Bay Channel south through Newark Bay Channel Buoy 21 (LLNR 37515), 
Newark Bay Channel Buoy 19A (LLNR 37507), Newark Bay Channel Lighted 
Buoy 17 (LLNR 37485), Newark Bay Channel Buoy 15A (LLNR 37477), Newark 
Bay Channel Lighted Buoy 7 (LLNR 37405), thence west to the shoreline 
in approximate position 40[deg]39'21.5'' N, 074[deg]09'54.3'' W, (NAD 
1983) thence northerly along the shoreline to the point of origin.

Global Marine Terminal, Upper New York Bay

    The Coast Guard is establishing a safety and security zone that 
includes all waters of Upper New York Bay between the Global Marine and 
Military Ocean Terminals, west of the New Jersey Pierhead Channel.
    The zones described above are necessary to protect the La Guardia 
and John F. Kennedy airports, NYPD ammunition depot, the Port Newark/
Port Elizabeth commercial shipping facilities, the Global Marine 
Terminal, 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 would 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 rulemaking 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.

[[Page 2669]]

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 Homeland 
Security (DHS).
    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 were established by a previous Temporary final 
rule with a 60-day comment period and no comments were received by the 
Coast Guard; 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 and Global Marine Terminal 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 those areas; 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 the 
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 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 and the Global Marine Terminal are already subject to 
control of the Vessel Traffic Service and previously established safety 
and security zones; 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) 
354-4191.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates 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 effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not 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. We invite your 
comments on how this rule might impact tribal governments, even if that 
impact may not constitute a ``tribal implication'' under the Order.

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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant

[[Page 2670]]

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.lD, this rule is categorically excluded from further 
environmental documentation because 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.


0
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

0
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. Department of Homeland 
Security Delegation No. 0170.


0
2. In Sec.  165.169, add paragraphs (a)(7) through (a)(11) 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 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) that lies outside of the waters described in paragraph 
(a)(7)(ii). Authorization to enter the waters that lie between the 
outer boundaries of the zones described in paragraphs (a)(7)(i) and 
(a)(7)(ii) will be communicated by the Captain of the Port to the 
public by marine broadcast, or local notice to mariners, or notice 
posted at 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) that lies outside of the waters described in paragraph 
(a)(8)(iv). Authorization to enter the waters that lie between the 
outer boundaries of the zones described in paragraphs (a)(8)(iii) and 
(a)(8)(iv) will be communicated by the Captain of the Port to the 
public by marine broadcast, local notice to mariners, or notice posted 
at 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

[[Page 2671]]

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) that lies outside of the waters described in paragraph 
(a)(9)(ii). Authorization to enter the waters that lie between the 
outer boundaries of the zones described in paragraphs (a)(9)(i) and 
(a)(9)(ii) will be communicated by the Captain of the Port to the 
public by marine broadcast, local notice to mariners, or notice posted 
at 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.
    (11) Global Marine Terminal, Upper New York Bay. All waters of 
Upper New York Bay between the Global Marine and Military Ocean 
Terminals, west of the New Jersey Pierhead Channel.
* * * * *

    Dated: December 31, 2003.
C.E. Bone,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 04-1136 Filed 1-16-04; 8:45 am]
BILLING CODE 4910-15-P