[Federal Register Volume 70, Number 99 (Tuesday, May 24, 2005)]
[Rules and Regulations]
[Pages 29624-29626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10361]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD01-05-025]
RIN 1625-AA87


Security Zone; New York Marine Inspection Zone and Captain of the 
Port Zone, New York Harbor

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary security zones in 
portions of the waters around Stapleton Homeport Pier in Upper New York 
Bay, as well as the New York City Passenger Ship Terminal and Intrepid 
Museum in the Hudson River and around each participating Fleet Week 
vessel. This action is necessary to safeguard Naval vessels, Coast 
Guard vessels, and critical port infrastructure from sabotage, 
subversive act, or other threats. This rule does not apply to any 
vessel engaged in the enforcement of these security zones, other law 
enforcement, port security, or search and rescue activity. This rule 
prohibits entry into or movement within these security zones without 
authorization from the Captain of the Port of New York.

DATES: This rule is effective from 8 a.m. on May 25, 2005, until 8 p.m. 
on June 1, 2005.

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 [CGD01-05-025] and are available for inspection or 
copying at Coast Guard Activities New York Waterways Management 
Division, 212 Coast Guard Drive, room 310, Staten Island, NY between 8 
a.m. and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Scott White, Waterways 
Management Division, Coast Guard Activities New York at (718) 354-4228.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 20, 2005, we published a notice of proposed rulemaking 
(NPRM) entitled ``Security Zone; New York Marine Inspection Zone and 
Captain of the Port Zone, New York Harbor'' in the Federal Register (70 
FR 20493). We received no letters commenting on the proposed rule. No 
public meeting was requested, and none was held. Under 5 U.S.C. 
553(d)(3), the Coast Guard finds

[[Page 29625]]

that good cause exists for making this rule effective less than 30 days 
after publication in the Federal Register. This action is necessary due 
to the event occurring prior to the completion of the 30-day 
publication period.

Background and Purpose

    Following the terrorist attacks in New York on September 11, 2001, 
the Ports of New York and New Jersey have been in a heightened state of 
threat awareness and port security readiness. Highly publicized events 
that occur in concentrated areas within the greater New York 
Metropolitan region have resulted in the elevation of Maritime Security 
(MARSEC) conditions and an increase in port security measures to abate 
credible and potential threats against the maritime community and 
public at large.
    Fleet Week 2005 will bring a large composition of U.S. and foreign 
military vessels to the Port of New York for the purpose of promoting 
military and naval heritage. The event allows for public access to 
these vessels as they are moored at the port facilities of the New York 
City Passenger Ship Terminal, Intrepid Museum, and Stapleton Homeport 
Pier. Such a high profile event with large public throughput could 
present a potential target for terrorist or subversive actions.
    The establishment of these security zones is necessary to protect 
participating vessels, regional infrastructure, and the public from 
waterborne attack and subversive activity.

Discussion of Comments and Changes

    The Coast Guard received no comments in response to the notice of 
proposed rulemaking. Therefore, no changes have been made from the 
proposed rule.

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 the regulatory policies and procedures 
of DHS is unnecessary. This conclusion is based on the fact that the 
zones are temporary in nature; the zones implicate relatively small 
portions of the waterway; and vessels will be able to transit around 
the security zones at all times or after a limited wait while the 
parade passes their location.

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 Upper New York Bay and the Hudson 
River in which entry will be prohibited by these security zones.
    These security zones will not have a significant economic impact on 
a substantial number of small entities for the following reasons: the 
zones are temporary in nature; the zones implicate relatively small 
portions of the waterways; and vessels will be able to transit around 
the security zones at all times or after waiting for a limited duration 
while the parade column passes their location.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking. If the rule will 
affect your small business, organization, or governmental jurisdiction 
and you have questions concerning its provisions or options for 
compliance, please contact Lieutenant Scott White, Waterways Management 
Division, Coast Guard Activities New York at (718) 354-4228. The Coast 
Guard will not retaliate against small entities that question or 
complain about this rule or any policy or action of the Coast Guard.

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 may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That

[[Page 29626]]

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 energy action. Therefore, it does not require a 
Statement of Energy Effects under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
made a preliminary determination that there are no factors in this case 
that would limit the use of a categorical exclusion under section 2.B.2 
of the Instruction. Therefore, we believe that this rule should be 
categorically excluded, under figure 2-1, paragraph (34)(g), of the 
Instruction, from further environmental documentation. A final 
``Environmental Analysis Check List'' 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. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. From 8 a.m., May 25, 2005, to 8 p.m. June 1, 2005, add temporary 
Sec.  165.T01-053 to read as follows:


Sec.  165.T01-053  Security Zones; New York Marine Inspection Zone and 
Captain of the Port Zone.

    (a) Location. The following waters within the New York Marine 
Inspection Zone and Captain of the Port Zone are security zones:
    (1) Stapleton Homeport Pier, Upper New York Bay, Staten Island, NY. 
All waters of Upper New York Bay within approximately 400 yards of the 
Stapleton Homeport Pier bound by the following approximate positions: 
40[deg]38'00.6'' N, 074[deg]04'22.3'' W, thence to 40[deg]37'51.1'' N, 
074[deg]03'46.5'' W, thence to 40[deg]37'27.5'' N, 074[deg]03'54.5'' W, 
thence to 40[deg]37'33.7'' N, 074[deg]04'20.8'' W, (NAD 1983) thence 
along the shoreline to the point of origin.
    (2) New York City Passenger Ship Terminal and Intrepid Museum, 
Hudson River, Manhattan, NY. All waters of the Hudson River within 
approximately 400 yards of Piers 86, 88, 90, and 92 bound by the 
following points: From the northeast corner of Pier 81 where it 
intersects the seawall, thence to approximate position 40[deg]45'51.3'' 
N, 074[deg]00'2'' W, thence to 40[deg]46'27.7'' N, 074[deg]00'04.9'' W, 
thence to the southeast corner of Pier 97 where it intersects the 
seawall.
    (3) 2005 Fleet Week Parade of Ships and Navigational Periods, Port 
of New York/New Jersey. All waters of the Port of New York/New Jersey 
within a 500-yard radius of each vessel participating in 2005 Fleet 
Week events while underway between Ambrose Light (LLNR 720) and the 
George Washington Bridge (river mile 11.0) on the Hudson River.
    (b) Enforcement period. This section will be enforced from 8 a.m. 
on Wednesday, May 25, 2005, until 8 p.m. on Wednesday, June 1, 2005.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.33 apply.
    (2) No vessel or person is allowed within 500 yards of a vessel 
protected by the security zone described in Paragraph (a)(3), unless 
authorized by the Captain of the Port or the designated on-scene-patrol 
personnel.
    (3) 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, as well as all uniformed Federal, State, 
and local law enforcement personnel assisting with event patrol. Upon 
being hailed by a U.S. Coast Guard or other Federal, State, or local 
law enforcement vessel by siren, radio, flashing light, or other means, 
the operator of a vessel must proceed as directed.

    Dated: May 17, 2005.
Glenn A. Wiltshire,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 05-10361 Filed 5-23-05; 8:45 am]
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