[Federal Register Volume 79, Number 249 (Tuesday, December 30, 2014)]
[Rules and Regulations]
[Pages 78307-78309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30455]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-1009]
RIN 1625-AA87


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 33 CFR 165.164 by establishing 
three security zones to replace the three regulated navigation areas 
(RNAs) currently contained within this section. The Coast Guard is also 
disestablishing these three RNAs. The three security zones, just like 
the RNAs they replace, are meant to promote public safety and to 
protect dignitaries who visit the United Nations in New York, NY.

DATES: This rule is effective January 29, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-1009]. 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, Waterways Management Division, Coast 
Guard Sector New York; telephone (718) 354-4195, email 
[email protected] or Lieutenant Commander Myles Greenway, 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 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
MOA Memorandum of Agreement
NPRM Notice of Proposed Rulemaking
RNA Regulated Navigation Area
SNPRM Supplemental Notice of Proposed Rulemaking
UN United Nations
UNGA United Nations General Assembly
USSS United States Secret Service

A. Regulatory History and Information

    On September 29, 2014 we published a Notice of Proposed Rulemaking 
(NPRM) with a request for comments entitled, ``Security Zones; 
Dignitary Arrival/Departure and United Nations Meetings, New York, NY'' 
in the Federal Register (79 FR 58298). We received no comments on the 
NPRM. We received no requests for a public meeting.

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; and Department of Homeland 
Security Delegation No. 0170.1, which collectively authorize the Coast 
Guard to define security zones.
    As mentioned above, the Coast Guard previously established three 
RNAs on the waters of the East River and Bronx Kill, near Wall Street 
Heliport, Randalls and Wards Islands, and the United Nations Building. 
The primary purpose of these three RNAs was to protect dignitaries, 
such as the President of the United States, who visit the United 
Nations. Although these RNAs served their intended purpose, the Coast 
Guard is replacing them with security zones to best communicate the 
federal government's security posture in these particular water areas.

C. Discussion of Comments, Changes and the Final Rule

    We received no comments in response to the proposed rule and the 
final rule is being published without change.

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.

[[Page 78308]]

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 fact that the RNAs would simply be designated as security 
zones as the more appropriate means to regulate the movement of vessels 
or individuals in the areas. We have not made any changes to the size, 
boundaries, or enforcement duration of these security zones.

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 no 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 determination is based on the fact that the RNAs are simply 
being designated as security zones as the more appropriate means to 
regulate the movement of vessels or individuals in the areas. We are 
not making any changes to the size, boundaries, or enforcement duration 
of the security zones.

3. 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).

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. Technical Standards

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

13. 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 designating three RNAs as 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. We seek any comments or information that may 
lead 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 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  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

[[Page 78309]]

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) 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, LaGuardia Airport Security Zone: All 
waters of Bowery Bay, Queens, New York, south of a line drawn from the 
western end of LaGuardia 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 Manhattan Shoreline. 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 180 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 along the shoreline 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. A 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 165.33, no person or vessel may enter or move within a security 
zone created by this section while that security zone is being enforced 
unless granted permission to do so by the Coast Guard's First District 
Commander, the COTP, or a designated representative. Vessel operators 
and persons given permission to enter or operate in a security zone 
must comply with all directions given to them by the COTP, or a 
designated representative. Upon being hailed by a U.S. Coast Guard or 
other duly authorized law enforcement vessel (e.g. New York City 
police) 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 periods. The security zone described in paragraph 
(a)(4) of this section is subject to enforcement at all times. All 
other security zones established by this section will only be enforced 
when necessary to protect dignitaries as determined by the COTP.
    (e) Notification. Because the security zone described in paragraph 
(a)(4) of this section is subject to enforcement at all times, the 
Coast Guard will not necessarily take any action to further notify the 
public about the enforcement of that zone. As for the enforcement 
periods for the other security zones contained herein, the Coast Guard 
will rely on the methods described in 33 CFR 165.7 to notify the public 
of the time and duration of any enforcement period. The COTP may also 
notify the public about enforcement of these security zones via http://homeport.uscg.mil/newyork.
    (f) Contact information. Vessel operators desiring to enter or 
operate within a security zone shall telephone the COTP at 718-354-4356 
or a designated representative via VHF channel 16 to obtain permission 
to do so.

    Dated: November 15, 2014.
L.L. Fagan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2014-30455 Filed 12-29-14; 8:45 am]
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