[Federal Register Volume 78, Number 169 (Friday, August 30, 2013)]
[Rules and Regulations]
[Pages 53671-53675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21171]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0202]
RIN 1625-AA11; 1625-AA87


Regulated Navigation Areas, Security Zones: Dignitary Arrival/
Departure and United Nations Meetings, New York, NY

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending its regulation establishing 
security zones that are enforceable in connection with the arrival or 
departure of international leaders for United Nations meetings in New 
York, NY. This rule establishes new regulated navigation areas, 
modifies certain security zones, and better organizes the regulation. 
The amendments will assist the Coast Guard in protecting public safety 
and visiting dignitaries during these events, and thus promote the 
Coast Guard's maritime safety and maritime security missions.

[[Page 53672]]


DATES: This rule is effective September 30, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-0202]. To view documents mentioned in this preamble as being 
available in the docket, go to  http://www.regulations.gov, type the 
docket number 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Jeff Yunker, Coast Guard Sector New York, Waterways 
Management Division; telephone 718-354-4195, email 
[email protected] or Chief Craig Lapiejko, Coast Guard First 
District Waterways Management Branch, telephone 617-223-8381, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Barbara Hairston, 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
SNPRM Supplemental Notice of Proposed Rulemaking
RNA Regulated Navigation Area
UN United Nations
UNGA United Nations General Assembly

A. Regulatory History and Information

    On September 11, 2012, we published a notice of proposed rulemaking 
(NPRM) entitled ``Security Zones; Dignitary Arrival/Departure and 
United Nations Meetings, New York, NY'' in the Federal Register (77 FR 
55777). We received seven comments on the NPRM.
    After publication of the NPRM we determined that an RNA is the more 
appropriate means to regulate the movement of vessels or individuals 
instead of the security zones originally proposed or already codified 
at 33 CFR 165.164. On April 19, 2013, we published a supplemental 
notice of proposed rulemaking (SNPRM) entitled ``Regulated Navigation 
Areas, Security Zones: Dignitary Arrival/Departure and United Nations 
Meetings, New York, NY in the Federal Register (78 FR 23515). We 
received one comment on the SNPRM.

B. Basis and Purpose

    The legal basis for the proposed rule is 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; and Department of Homeland Security Delegation No. 
0170.1, which collectively authorize the Coast Guard to establish RNAs 
and 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.
    This regulation carries out three related actions: (1) Establishes 
new regulated navigation areas in the waters near the United Nations 
(UN) during UN visits by international leaders; (2) revises the Wall 
Street Heliport security zone to identify the northern boundary of the 
security zone on the Manhattan shoreline at Wall Street, which is 
necessary due to the removal of Pier 13 that is currently referenced in 
33 CFR 165.164(a)(1); and (3) revises the United Nations security zone 
to clarify enforcement times for the security zone, provide a more 
detailed description of the security zone, and provide a better 
understanding of the transit restrictions that would be enacted.

C. Discussion of Comments, Changes and the Final Rule

    After publication of the SNPRM in the Federal Register (78 FR 
23515) the National Oceanic and Atmospheric Administration (NOAA) 
submitted a comment recommending that 33 CFR 165.164(a)(4) be revised 
to state the United Nations Security Zone extends about 180 yards 
offshore of Manhattan instead of the currently published 175 yards. 
This recommendation only changes the description of the security zone's 
boundaries without changing its geographical coordinates. The Coast 
Guard agrees and has made this change to the final rule.
    The Coast Guard is amending the existing security zone regulation 
relating to the arrival and departure of dignitaries for UN meetings in 
New York City, 33 CFR 165.164. Our amendments are substantively similar 
to the proposals contained in our 2012 NPRM, but we are reorganizing 
and making a non-substantive revision of Sec.  165.164, and we are 
redesignating three existing security zones as regulated navigation 
areas. Please see the NPRM for a further discussion of how we have 
enforced Sec.  165.164 security zones in the past. We have now 
determined that an RNA is the more appropriate means to regulate the 
movement of vessels or individuals instead of the security zones 
originally proposed or already codified at 33 CFR 165.164. We are 
designating the Wall Street Heliport, Randalls and Wards Islands, and 
United Nations Full River Closure security zones as RNAs. The Marine 
Air Terminal, United Nations, and United Nations West Channel Closure 
security zones will remain designated as security zones as they do not 
completely restrict vessel traffic on that portion of the Bowery Bay 
and East River during enforcement of the security zones.
    We are reorganizing Sec.  165.164 and adding descriptive 
designations to name each of the several locations covered by that 
regulation.
    We are revising Sec.  165.164(a)(1) relating to the Wall Street 
Heliport. We are removing a reference to Pier 13, which no longer 
exists, but otherwise the boundaries of the designated area will not 
change. The existing security zone is now designated a regulated 
navigation area.
    We are adding a new Sec.  165.164(a)(2) and establishing an RNA on 
the waters of the East River and Bronx Kill in the vicinity of Randalls 
and Wards Islands. The RNA is approximately 2,150 yards long and 860 
yards wide, and encompasses approximately 0.21 square nautical miles. 
It will be enforced from 30 minutes before a dignitary's arrival until 
15 minutes after the dignitary's departure from the area.
    We are making no changes to Sec.  165.164(a)(3), other than to 
designate it as the Marine Air Terminal, La Guardia Airport Security 
Zone.
    We are designating the security zone created by Sec.  165.164(a)(4) 
as the United Nations Security Zone, and we are rewording the 
description of this zone's boundaries for clarity, without changing its 
geographical coordinates. In new paragraph (d), we state that this zone 
is in force at all times.
    We are transferring the security zone described in existing Sec.  
165.164(a)(5) to paragraph (a)(6), and designating it the United 
Nations Full River Closure RNA. The content of existing paragraph 
(a)(6) is addressed in new paragraph (d). When enforced, the UN Full 
River Closure RNA will fully close the East River to vessel traffic 
within its boundaries. We are creating a new security zone in paragraph 
(a)(5), to be designated the United Nations West Channel Closure 
Security Zone. When in force, it will close only a portion of the 
western channel of the river. Vessels

[[Page 53673]]

capable of transiting the shallower waters of the eastern channel can 
do so.
    The content of existing paragraph (a)(7) is addressed in new 
paragraph (d).
    We are adding a new Sec.  165.164(b) to define terms used in the 
regulation. The content of existing paragraph (b) is being moved to 
paragraph (c).
    We are adding a new Sec.  165.164(d) to describe how and when each 
regulated navigation area or security zone will be enforced, and how 
the public will be notified that enforcement is in effect.
    Finally, we are adding a new Sec.  165.164(e) to describe how 
vessel operators may obtain permission to enter or operate within a 
regulated navigation area or security zone.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This 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 will 
be restricted from the Randalls and Wards Islands RNA. The RNA will 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 RNA'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 RNA.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 received zero comments from the Small Business 
Administration on this rule. 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 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 enforcement 
periods.
    These RNAs will not have a significant economic impact on a 
substantial number of small entities for the following reasons: The RNA 
is of limited size and duration. Persons or vessels may request 
permission to transit the RNA from the COTP or the designated on-scene 
representative.
    Additionally, before and during the enforcement period, the Coast 
Guard will 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.

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 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.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). 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.

4. Collection of Information

    This 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 rule under that Order and 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule will 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 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

    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.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order

[[Page 53674]]

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.

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this 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 determined 
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 rule involves the establishment of an RNA and 
revisions to current RNAs and security zones. This rule is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion 
Determination are 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 AREA

0
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.

0
2. Revise Sec.  165.164 to read as follows:


Sec.  165.164  Regulated Navigation Areas, Security Zones: Dignitary 
Arrival/Departure and United Nations Meetings, New York, NY.

    (a) Location. The following areas are regulated navigation areas 
(RNA) or security zones:
    (1) Wall Street Heliport RNA. All waters of the East River within 
the following boundaries: East of a line drawn between approximate 
position 40[deg]42[min]01[sec] N, 074[deg]00[min]39[sec] W (east of The 
Battery) to 40[deg]41[min]36[sec] N, 074[deg]00[min]52[sec] 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[min]14.8[sec] N, 
074[deg]00[min]20.3[sec] W (Wall Street, Manhattan), and the northwest 
corner of Pier 2 North, Brooklyn (NAD 1983).
    (2) Randalls and Wards Islands RNA: 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[min]27.12[sec] N, 
073[deg]54[min]35.14[sec] W (Lawrence Point, Queens) to a point at 
approximate position 40[deg]47[min]52.55[sec] N, 
073[deg]54[min]35.25[sec] 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 Security Zone: 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[min]47[sec] N, 073[deg]53[min]05[sec] W to the Rikers Island 
Bridge at approximate position 40[deg]46[min]51[sec] N, 
073[deg]53[min]21[sec] 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[min]36[sec] N, 073[deg]53[min]31[sec] 
W (NAD 1983).
    (4) United Nations Security Zone. All waters of the East River 
bound by the following points: 40[deg]44[min]37[sec] N, 
073[deg]58[min]16.5[sec] W (the base of East 35th Street, Manhattan), 
then east to 40[deg]44[min]34.5[sec] N, 073[deg]58[min]10.5[sec] W 
(about 180 yards offshore of Manhattan), then northeasterly to 
40[deg]45[min]29[sec] N, 073[deg]57[min]26.5[sec] W (about 125 yards 
offshore of Manhattan at the Queensboro Bridge), then northwesterly to 
40[deg]45[min]31[sec] N, 073[deg]57[min]30.5[sec] W (Manhattan 
shoreline at the Queensboro Bridge), then southerly along the shoreline 
to the starting point at 40[deg]44[min]37[sec] N, 
073[deg]58[min]16.5[sec] W (NAD 1983).
    (5) United Nations West Channel Closure Security Zone. All waters 
of the East River north of a line drawn from approximate position 
40[deg]44[min]37[sec] N, 073[deg]58[min]16.5[sec] W (the base of East 
35th Street, Manhattan), to approximate position 
40[deg]44[min]31.04[sec] N, 073[deg]58[min]03.10[sec] W (approximately 
400 yards east of the Manhattan shoreline), all waters west of a line 
drawn from approximate position 40[deg]44[min]31.04[sec] N, 
073[deg]58[min]03.10[sec] W (approximately 400 yards east of the 
Manhattan shoreline), to the southern tip of Roosevelt Island at 
approximate position 40[deg]44[min]57.96[sec] N, 
073[deg]57[min]41.57[sec] 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 RNA. All waters of the East 
River north of a line drawn from approximate position 
40[deg]44[min]37[sec] N, 073[deg]58[min]16.5[sec] W (the base of East 
35th Street, Manhattan), to approximate position 40[deg]44[min]23[sec] 
N, 073[deg]57[min]44.5[sec] 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. In accordance with the general regulations in 33 
CFR part 165, no person or vessel may enter or move within a RNA or 
security zone created by this section during enforcement periods unless 
granted permission to do so by the COTP New York or the designated 
representative. Vessel operators and persons given permission to enter 
or operate in the RNA or 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 must 
proceed as directed, and follow any instructions to anchor or moor up 
to a waterfront facility.
    (d) Enforcement. The security zone described in paragraph (a)(4) of 
this section is effective and will be enforced at all times. Coast 
Guard Sector New York will provide actual notice to mariners for the 
purpose of enforcement for the regulated navigation areas and security 
zones described in paragraphs (a)(1), (a)(2), (a)(3), (a)(5), and 
(a)(6). The Captain of the Port will also provide notice to the 
maritime public regarding

[[Page 53675]]

the activation of these RNAs and 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 a RNA or security zone shall telephone the COTP at (718) 
354-4356 or the designated representative via VHF channel 16 to obtain 
permission to do so.

    Dated: August 7, 2013.
D.B. Abel,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2013-21171 Filed 8-29-13; 8:45 am]
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