[Federal Register Volume 79, Number 186 (Thursday, September 25, 2014)]
[Rules and Regulations]
[Pages 57440-57442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22850]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0737]
RIN 1625-AA87


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing three temporary security zones 
on the waters of the East River and Bronx Kill in the vicinity of 
Randalls and Wards Island, the Wall Street Heliport, and the United 
Nations Headquarters. These security zones are necessary to ensure the 
safety of the President of the United States, members of his official 
party, and other senior government officials. In addition, 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 will 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 will 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: This rule is effective without actual notice from September 25, 
2014 until September 29, 2014 at 8:00 p.m. For the purposes of 
enforcement, actual notice will be used from the date the rule was 
signed, September 8, 2014, until September 25, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0737]. 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 LT Hannah Eko, Waterways Management Division, Coast Guard 
Sector New York; telephone 718-354-4114, email [email protected]. 
If you have questions on viewing or submitting material to the docket, 
call Cheryl Collins, Program Manager, Docket Operations, telephone 
(202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

COTP Captain of the Port New York
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
VTSNY Vessel Traffic Service New York

A. Regulatory History and Information

    On four previous occasions, the Coast Guard established similar 
temporary security zones on the waters of the East River and Bronx Kill 
in the vicinity of Randalls Island and Wards Island, Wall Street 
Heliport, and the United Nations Headquarters. Those four security 
zones were effective on the following dates: March 11, 2014, April 11, 
2014, June 17, 2014, and July 17, 2014. In each of those instances, the 
Coast Guard was unable to publish the temporary security zone in the 
Federal Register prior to enforcing the zone due to receiving late 
notifications regarding the arrival dates of the visiting dignitaries.
    The Coast Guard is issuing this final rule without prior notice and 
opportunity to comment pursuant to authority under section 4(a) of the 
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision 
authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b), the Coast Guard finds that good 
cause exists for not publishing an NPRM with respect to this rule 
because the specifics associated with the Presidential and dignitary 
visits were not received in time to publish an NPRM and seek comments 
before the subject visits. Publishing an NPRM and delaying the 
effective date of this rule to await public comments would be 
impracticable and contrary to the public interest since it would 
inhibit the Coast Guard's ability to fulfill its statutory missions and 
jeopardize the safety of the President of the United States, members of 
his official party, other senior government officials, and visiting 
dignitaries.
    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 for the same reasons discussed in 
the preceding paragraph.

B. Basis and Purpose

    The legal basis for this 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; Public Law 107-295, 116 Stat. 2064; Department of Homeland 
Security Delegation No. 0170.1, which collectively authorize the Coast 
Guard to define security zones.
    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 or Wall Street 
Heliport, New York. Additionally, the Coast Guard anticipates that 
various dignitaries will visit the United Nations Headquarters between 
September 17, 2014 and September 29, 2014. These visits by the 
President of the United States, members of his official party, senior 
government officials, and visiting dignitaries may incite terrorism, 
sabotage, or other subversive acts. Accordingly, the Captain of the 
Port, Sector New York, has determined that these security zones are 
necessary to protect said individuals.

C. Discussion of the Final Rule

    For the reasons discussed above, the Captain of the Port, Sector 
New York, is establishing three temporary security zones. These 
temporary security zones will be in effect from September 17 to 
September 29, 2014. The security zones are located on a portion of the 
East River and Bronx Kill. The East River and Bronx Kill security zones 
cover waters in the vicinity of Wall Street Heliport, Randalls and 
Wards Island, and the United Nations Headquarters. Specific geographic 
locations for each security zone are specified in the regulatory text.

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

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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 zones. The temporary security zones will only be 
enforced for a limited duration from 6:00 a.m. on September 17, 2014 
until 8:00 p.m. on September 29, 2014. Thus, the Coast Guard expects 
minimal adverse impact on mariners from the zones' enforcement based on 
the limited duration of the enforcement period. Moreover, the Coast 
Guard also expects minimal adverse impact on mariners in light of the 
limited geographic area affected and because mariners may request 
authorization from the COTP or a designated on-scene representative to 
transit each zone. In addition, before and during the enforcement 
period, the Coast Guard will issue maritime advisories widely available 
to users of the waterway, including verbal broadcast notice to mariners 
and distribute a written notice to waterway users online at http://homeport.uscg.mil/newyork.

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 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 and Bronx Kill in the 
vicinity of Wall Street Heliport, Randalls and Wards Island, and the 
United Nations Headquarters.
    These temporary security zones will not have a significant economic 
impact on a substantial number of small entities for all of the reasons 
discussed in the Regulatory Planning and Review section above.
    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.

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 will 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 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 From Environmental Health Risks

    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 
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 establishment of three temporary 
security zones and thus, is categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. We 
seek any comments or information that may lead

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to the discovery of a significant environmental impact from this 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 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; 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, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Sec.  165.T01-0737 to read as follows:


Sec.  165.T01-0737  Security Zone, East River; Wall Street Heliport, 
Manhattan, NY.

    (a) Location. Each of the three following areas is a temporary 
security zone:
    (1) All waters of the East River within the following boundaries; 
east of a line drawn 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) 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).
    (3) 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. For purposes of this section, ``Designated on-
scene representative'' is any Coast Guard VTSNY (Vessel Traffic Service 
New York) watchstander or any commissioned, warrant, or petty officer 
who has been designated by the COTP to act on the COTP's behalf. A 
designated on-scene 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) Effective and enforcement period. This section is effective and 
will be subject to enforcement from 6:00 a.m. on September 17, 2014 
until 8:00 p.m. on September 29, 2014.
    (d) Regulations. In accordance with the general regulations in 33 
CFR 165.33, no person or vessel may enter or move within the security 
zone created by this section unless granted permission to do so by the 
COTP or a designated on-scene representative. Entry, transit, or 
anchoring within the security zone described in paragraph (a) of this 
section is prohibited unless authorized by the COTP.
    (e) Notice. The COTP will provide notice of the establishment and 
enforcement of these security zones in accordance with 33 CFR 165.7.
    (f) Vessel operators given permission to enter or operate in a 
security zone must comply with all directions given to them by the COTP 
or a designated on-scene representative. Those vessels may be required 
to anchor or moor up to a waterfront facility.
    (g) Vessel operators desiring to enter or operate within a security 
zone shall telephone the COTP at 718-354-4356 or a designated on-scene 
representative via VHF channel 16 to obtain permission to do so.
    (h) Penalties. Vessels or persons violating this rule are subject 
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

    Dated: September 8, 2014.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2014-22850 Filed 9-24-14; 8:45 am]
BILLING CODE 9110-04-P