[Federal Register Volume 77, Number 176 (Tuesday, September 11, 2012)]
[Proposed Rules]
[Pages 55777-55781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22293]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0202]
RIN 1625-AA87


Security Zones; Dignitary Arrival/Departure and United Nations 
Meetings, New York, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a permanent security 
zone on the waters of the East River and Bronx Kill, in the vicinity of 
Randalls and

[[Page 55778]]

Wards Islands, New York; revise the description of the Wall Street 
Heliport security zone on the East River, New York; and clarify the 
enforcement times and locations of the security zones that are located 
near the United Nations Headquarters in Manhattan, New York, as set 
forth in 33 CFR 165.164(a)(4) and (a)(5). This action is necessary to 
protect visiting dignitaries and the Port of New York/New Jersey 
against terrorism, sabotage or other subversive acts and incidents of a 
similar nature during the dignitaries' visit to New York City. The 
zones are intended to restrict vessels from a portion of the East River 
and Bronx Kill when public officials are scheduled to arrive and depart 
the area. Persons or vessels would not be allowed to enter these 
security zones without permission from the Captain of the Port New York 
(COTP) or the COTP's designated on-scene representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before November 13, 2012. Requests for public meetings must 
be received by the Coast Guard on or before October 2, 2012.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329. See the 
``Public Participation and Request for Comments'' portion of the 
SUPPLEMENTARY INFORMATION section below for further instructions on 
submitting comments. To avoid duplication, please use only one of these 
three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Jeff Yunker, Waterways Management Division, U.S. 
Coast Guard; telephone (718) 354-4195, email [email protected] or 
Lieutenant Isaac Slavitt, Coast Guard First District Waterways 
Management Branch; telephone (617) 223-8385, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number (USCG-2012-0202) in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2012-0202) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting 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.

B. Regulatory History and Information

    On five previous occasions, the Coast Guard established a similar 
temporary security zone to the one being proposed by this NPRM on the 
waters of the East River and Bronx Kill in the vicinity of Randalls 
Island. These five temporary security zones were effective on the 
following dates: March 29, 2011, November 30, 2011, January 19, 2012, 
March 1, 2012, and May 14, 2012. In four of those instances, the Coast 
Guard was unable to publish the temporary security zone in the Federal 
Register due to receiving late notifications regarding the arrival 
dates of the visiting dignitaries. For the March 1, 2012, temporary 
security zone, we published a temporary final rule in the Federal 
Register (77 FR 10960) entitled ``Security Zone, East River and Bronx 
Kill; Randalls and Wards Islands, NY.''
    On June 8, 2000, the Coast Guard proposed to establish two 
permanent security zones near the United Nations Headquarters located 
on the East River at East 43rd Street, Manhattan, New York (65 FR 
36393). We received no letters commenting on the proposed rule and no 
public hearing was requested and none was held. On August 2, 2000, we 
published a final rule (FR) in the Federal Register (65 FR 47318)

[[Page 55779]]

establishing the two permanent security zones near the United Nations 
Headquarters located on the East River at East 43rd Street, Manhattan, 
New York. These permanent security zones are set forth in 33 CFR 
165.164(a)(4) and (a)(5).

C. Basis and Purpose

    The legal basis for the proposed rule is 33 U.S.C 1226, 1231; 46 
U.S.C Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-
1, 6.04-6, 160.5; Department of Homeland Security Delegation No. 
0170.1, which collectively authorize the Coast Guard to establish 
security zones.
    On five occasions since March 2011, the United States Secret 
Service has requested that the Coast Guard establish a temporary 
security zone on the waters of the East River and Bronx Kill during the 
arrival and departure of the President of the United States to and from 
Randalls and Wards Islands, New York.
    The purpose of the proposed security zone is to facilitate the 
security and safety of the President and Vice President of the United 
States, and visiting heads of foreign states and other dignitaries 
during their visit to New York City.
    The purpose of the revision to the Wall Street Heliport security 
zone is to identify the northern boundary of the security zone on the 
Manhattan shoreline at Wall Street. This is necessary due to the 
removal of Pier 13 that is currently referenced in 33 CFR 
165.164(a)(1).
    The purpose of the revisions to the United Nations security zone is 
to clarify enforcement times for the security zone, provide a more 
detailed description of the security zones, and provide a better 
understanding of the transit restrictions that would be enacted.

D. Discussion of Proposed Rule

    The COTP New York proposes to establish a security zone on the 
waters of the East River and Bronx Kill in the vicinity of Randalls and 
Wards Islands, New York. The security zone is approximately 2,150 yards 
long and 860 yards wide. The security zone encompasses approximately 
0.21 square nautical miles.
    This proposed security zone would be activated 30 minutes before 
the dignitaries' arrival into the zone and would remain in effect until 
15 minutes after the dignitaries' departure from the zone.
    The proposed security zone on the East River in the vicinity of 
Randalls Island is necessary to facilitate the security and safety of 
the President of the United States and other dignitaries when they are 
in the vicinity of Randalls Island.
    The proposed revision to the Wall Street Heliport security zone, 
paragraph (a)(1) of Sec.  165.164, is necessary due to the removal of 
Pier 13 in Manhattan. This pier is currently used as a reference point 
to describe the northern boundary of the current security zone. This 
proposed revision would not change the size of the security zone. It 
would simply identify the position on the Manhattan shoreline of the 
current security zone boundary.
    The proposed addition of paragraph (c)(2) of Sec.  165.164 is 
necessary to clarify that the security zone in paragraph (a)(4), 
restricting access to the western half of the west channel at the 
United Nations, is in effect at all times.
    The proposed addition of the United Nations West Channel Closure, 
proposed 33 CFR 165.164(a)(5), is necessary to provide a more detailed 
description of the security zones that would be enacted during the 
annual United Nations General Assembly meetings. This would provide 
mariners a better understanding of the vessel transit restrictions that 
would be enacted and whether they would have the option of transiting 
the shallower waters of the eastern channel of the East River at 
Roosevelt Island during some portions of the United Nations General 
Assembly.
    We are also proposing paragraph headings for each of the security 
zone locations in the regulation. This will provide an improved 
description of the location of each security zone allowing mariners to 
quickly determine if they would be impacted by the activation of that 
security zone.
    We are proposing to move the activation times in paragraph (a)(6) 
of Sec.  165.164 to proposed 33 CFR 165.164(c)(2), and amend the 
regulation to make the United Nations security zone effective at all 
times. We are also proposing to amend the means of notification in 
paragraph (a)(7) of Sec.  165.164 and are proposing to insert a 
paragraph heading entitled ``Notification of Enforcement'' in proposed 
33 CFR 165.164(d).
    We are proposing a ``Definitions'' paragraph to help reduce 
confusion in our use of the words ``dignitary'' and ``designated 
representative.''
    We are proposing a ``Contact Information'' paragraph to provide 
more detailed instructions on requesting authorization for mariners to 
enter or operate within the security zones.
    Additionally, we are proposing a paragraph entitled ``Vessel 
Operator and Persons Authorized within a Security Zone'' to explain how 
the U.S. Coast Guard expects these individuals to respond after they 
have requested permission to enter the activated security zones.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    This determination is based on the limited time that vessels would 
be restricted from the Randalls and Wards Islands zone. The security 
zone would be activated for approximately 60 minutes approximately six 
times per year or when necessary. The Coast Guard expects minimal 
adverse impact to mariners from the zone's activation based on the 
limited duration of the enforcement period, the limited geographic area 
affected and because affected mariners may request authorization from 
the COTP or the designated on-scene representative to transit the zone.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule 
would not have a significant economic impact on a substantial number of 
small entities.
    This proposed rule would affect the following entities, some of 
which may be small entities: The owners and operators of vessels 
intending to transit or anchor in a portion of the East River or Bronx 
Kill, in the vicinity of Randalls or Wards Islands, NY during the 
effective period.
    This security zone would not have a significant economic impact on 
a substantial number of small entities for the following reasons: The 
security zone is of limited size and duration. Persons or vessels may 
request permission to

[[Page 55780]]

transit the security zone from the COTP or the designated on-scene 
representative.
    Additionally, before and during the effective period, the Coast 
Guard would issue maritime advisories widely available to users of the 
waterway, including marine information broadcasts, and distribute a 
written notice online at http://homeport.uscg.mil/newyork.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
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.

3. 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 proposed rule. 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 the person listed in the FOR FURTHER INFORMATION 
CONTACT, above. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

4. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that this rule does not have implications for 
federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the ``For Further 
Information Contact'' section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children from Environmental Health Risks

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

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use 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.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide 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 this action is one of a category 
of actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves the 
establishment of one security zone and two revisions of another 
security zone. This rule is categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist will be available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
proposed rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREA

    1. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1.

    2. Revise Sec.  165.164 to read as follows:


Sec.  165.164  Security Zones; Dignitary Arrival/Departure and United 
Nations Meetings, New York, NY.

    (a) Location. The following areas are security zones:
    (1) Wall Street heliport. All waters of the East River within the 
following boundaries: East of a line drawn

[[Page 55781]]

between approximate position 40[deg]42'01'' N, 074[deg]00'39'' W (east 
of The Battery) to 40[deg]41'36'' N, 074[deg]00'52'' W (point north of 
Governors Island) and north of a line drawn from the point north of 
Governors Island to the southwest corner of Pier 7 North, Brooklyn; and 
south of a line drawn between 40[deg]42'14.8'' N, 074[deg]00'20.3'' W 
(Wall Street, Manhattan), and the northwest corner of Pier 2 North, 
Brooklyn (NAD 1983).
    (2) Randalls and Wards Islands: All waters of the East River 
between the Hell Gate Rail Road Bridge (mile 8.2), and a line drawn 
from a point at approximate position 40[deg] 47'27.12'' N, 073[deg] 
54'35.14'' W (Lawrence Point, Queens) to a point at approximate 
position 40[deg] 47'52.55'' N, 073[deg] 54'35.25'' W (Port Morris 
Stacks), and all waters of the Bronx Kill southeast of the Bronx Kill 
Rail Road Bridge (mile 0.6) (NAD 1983).
    (3) Marine Air Terminal, La Guardia Airport: All waters of Bowery 
Bay, Queens, New York, south of a line drawn from the western end of La 
Guardia Airport at approximate position 40[deg]46'47'' N 
073[deg]53'05'' W to the Rikers Island Bridge at approximate position 
40[deg]46'51'' N 073[deg]53'21'' W and east of a line drawn between the 
point at the Rikers Island Bridge to a point on the shore in Queens, 
New York, at approximate position 40[deg]46'36'' N 073[deg]53'31'' W 
(NAD 1983).
    (4) United Nations. All waters of the East River bound by the 
following points: 40[deg]44'37'' N, 073[deg]58'16.5'' W (the base of 
East 35th Street, Manhattan), then east to 40[deg]44'34.5'' N, 
073[deg]58'10.5'' W (about 175 yards offshore of Manhattan), then 
northeasterly to 40[deg]45'29'' N, 073[deg]57'26.5'' W (about 125 yards 
offshore of Manhattan at the Queensboro Bridge), then northwesterly to 
40[deg]45'31'' N, 073[deg]57'30.5'' W (Manhattan shoreline at the 
Queensboro Bridge), then southerly to the starting point at 
40[deg]44'37'' N, 073[deg]58'16.5'' W (NAD 1983).
    (5) United Nations West Channel Closure. All waters of the East 
River north of a line drawn from approximate position 40[deg]44'37'' N, 
073[deg]58'16.5'' W (the base of East 35th Street, Manhattan), to 
approximate position 40[deg]44'31.04'' N, 073[deg]58'03.10'' W 
(approximately 400 yards east of the Manhattan shoreline), all waters 
west of a line drawn from approximate position 40[deg]44'31.04'' N, 
073[deg]58' 03.10'' W (approximately 400 yards east of the Manhattan 
shoreline), to the southern tip of Roosevelt Island at approximate 
position 40[deg]44'57.96'' N, 073[deg]57'41.57'' W, then along the 
western shoreline of Roosevelt Island to the Queensboro Bridge, and all 
waters south of the Queensboro Bridge (NAD 1983).
    (6) United Nations Full River Closure. All waters of the East River 
north of a line drawn from approximate position 40[deg]44'37'' N, 
073[deg]58'16.5'' W (the base of East 35th Street, Manhattan), to 
approximate position 40[deg]44'23'' N, 073[deg]57'44.5'' W (Hunters 
Point, Long Island City), and south of the Queensboro Bridge (NAD 
1983).
    (b) Definitions.
    As used in this section--
    Designated representative means any Coast Guard commissioned, 
warrant, or petty officer who has been designated by the COTP to act on 
the COTP's behalf. The designated representative may be on a Coast 
Guard vessel, or onboard a federal, state, or local agency vessel that 
is authorized to act in support of the Coast Guard.
    Dignitary means the President or Vice President of the United 
States, or visiting heads of foreign states or governments.
    (c) Regulations.
    (1) In accordance with the general regulations in 33 CFR part 165, 
no person or vessel may enter or move within a security zone created by 
this section while it is activated unless granted permission to do so 
by the COTP New York or the designated representative.
    (2) The security zone described in paragraph (a)(4) of this section 
is in effect at all times.
    (d) Notification of Enforcement. Coast Guard Sector New York will 
provide actual notice to mariners for the purpose of enforcement. The 
COTP will also provide notice to the maritime public regarding the 
activation of these security zones by appropriate means, which may 
include but are not limited to a Local Notice to Mariners or marine 
information broadcasts, and at http://homeport.uscg.mil/newyork.
    (e) Contact Information. Vessel operators desiring to enter or 
operate within the security zone shall telephone the COTP at 718-354-
4356 or the designated representative via VHF channel 16 to request 
permission to do so.
    (f) Vessel Operators and Persons Authorized within a Security Zone. 
Vessel operators and persons given permission to enter or operate in 
the security zone must comply with all directions given to them by the 
COTP or the designated representative. Upon being hailed by a U.S. 
Coast Guard or New York City police vessel by siren, radio, flashing 
lights, or other means, the operator of a vessel shall proceed as 
directed. Those vessels may be required to anchor or moor up to a 
waterfront facility.
* * * * *

    Dated: July 23, 2012.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2012-22293 Filed 9-10-12; 8:45 am]
BILLING CODE 9110-04-P