[Federal Register Volume 81, Number 213 (Thursday, November 3, 2016)]
[Proposed Rules]
[Pages 76545-76546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26599]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0799]
RIN 1625-AA87


Safety and Security Zones; New York Marine Inspection and Captain 
of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: The Coast Guard is requesting public comments from any and all 
waterway users regarding the permanent security zone that encompasses 
all waters within 150 yards of the bridge connecting Liberty State Park 
and Ellis Island. The Coast Guard is considering restoring navigational 
access to the waterway between Ellis Island and Liberty State Park by 
modifying the security zone around the Ellis Island Bridge. The purpose 
removal of the security zone would be to increase navigational safety 
in New York Harbor by allowing vessels to transit under the Ellis 
Island Bridge, rather than being required to transit the Anchorage 
Channel.

DATES: Comments and related material must be received by the Coast 
Guard on or before January 3, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0799 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email MST1 Kristina Pundt, Waterways Management, U.S. Coast 
Guard; telephone (718) 354-4352, email [email protected].

SUPPLEMENTARY INFORMATION:

Table of Acronyms

ANPRM Advance notice of proposed rulemaking
NPRM Notice of proposed rulemaking
DHS Department of Homeland Security
FR Federal Register
MARSEC Maritime Security
NYCWTA New York City Water Trail Association

A. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this possible 
rulemaking. 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, indicate the specific question number to 
which each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this ANPRM as being available in the docket, 
and all

[[Page 76546]]

public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted and if 
we publish rulemaking documents related to this ANPRM.

B. Regulatory History and Information

    On November 27, 2002, the Coast Guard published a notice of 
proposed rulemaking (NPRM) entitled, ``Safety and Security Zones; New 
York Marine Inspection and Captain of the Port Zone'' in the Federal 
Register (67 FR 70892). The NPRM proposed to establish a permanent 
safety and security zone encompassing all waters within 150 yards of 
Liberty Island, Ellis Island, and the bridge between Liberty State Park 
and Ellis Island. We received no comments on the proposed rule. No 
public hearing was requested and none was held. The current 150-yard 
permanent security zone around the Ellis Island Bridge became effective 
on January 1, 2003 as enacted by a final rule entitled, ``Safety and 
Security Zones; New York Marine Inspection Zone and Captain of the Port 
Zone'' published in the Federal Register (68 FR 2886, January 22, 
2003). On May 6, 2008 the Coast Guard published a notice of proposed 
rulemaking (NPRM) entitled, ``Safety and Security Zones; New York 
Marine Inspection Zone and Captain of the Port'' in the Federal 
Register (73 FR 24889). The NPRM proposed to modify several aspects of 
the permanent safety and security zone regulations within the New York 
Captain of the Port Zone. We received 15 comments regarding the 
proposed rule. A public meeting was requested to discuss the proposed 
expansion of the Liberty and Ellis Island security zones to include all 
waters within 400 yards of these two islands instead of the existing 
security zone within a 150 yard radius of Liberty and Ellis Islands. 
Based on the comments received, the Coast Guard withdrew the proposed 
change to the Liberty and Ellis Island security zones and therefore a 
public meeting was no longer needed.

C. Basis and Purpose

    The legal basis and authority for this ANPRM is 33 U.S.C. 1231; 50 
U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; and Department of 
Homeland Security Delegation No. 0170.1.
    On April 18, 2016, the Coast Guard received a request from the New 
York City Water Trail Association (NYCWTA) to consider restoring 
navigational access to the waterway between Ellis Island and Liberty 
State Park by removing the security zone around the Ellis Island 
Bridge. The purpose of this ANPRM is to solicit comments on potential 
proposed rulemakings to modify the existing security zone around the 
Ellis Island Bridge.

D. Discussion of Possible Proposed Rule

    The existing security zone surrounding the Ellis Island Bridge 
prohibits all vessels from transiting underneath the Ellis Island 
Bridge and the protected waters between Ellis Island and Liberty State 
Park. All vessels must transit in the Anchorage Channel to the east of 
Ellis Island, where larger commercial vessel traffic is prevalent. 
Small passenger vessels that transit to Ellis Island also use this 
channel. Due to congestion of the waterway as a result of this traffic, 
the Coast Guard is considering a modification of the existing Ellis 
Island Bridge security zone. Modifying or eliminating this zone would 
provide smaller vessels the opportunity to transit underneath the 
bridge instead of within the Anchorage Channel, therefore, decreasing 
channel congestion and increasing navigational safety in the harbor. 
The existing 25 yard security zone surrounding any bridge pier or 
abutment would still apply to this bridge as per 33 CFR 165.169(a)(5).

E. Information Requested

    Public participation is requested to assist in determining the best 
way forward with respect to modifying the existing security zone 
surrounding the Ellis Island Bridge. To aid us in developing a possible 
proposed rule, we seek any comments, whether positive or negative, 
including but not limited to, the impacts that the existing security 
zone surrounding the Ellis Island Bridge has on navigational safety.
    We are also seeking comments on the current vessel traffic and the 
types of vessels that transit in this area. To aid us in developing a 
proposed rule, we seek your responses to the following questions.
    1. Should the existing security zone surrounding the bridge only be 
enforced between sunset and sunrise or during daylight hours as well? 
Why?
    2. Should there be any security zone or vessel operating 
restrictions enforced surrounding the Ellis Island Bridge?
    3. Should the Ellis Island Bridge only have a designated 25-yard 
security zone surrounding its piers as currently applies to all other 
bridges south of the Troy Lock on the Hudson River (33 CFR 
165.169(a)(5))?
    4. What types and sizes of vessels should be allowed to transit 
under the Ellis Island bridge?
    5. Are there tide, weather, or other variables that preclude 
vessels from transiting under the bridge?
    6. What are the pros of modifying the security zone?
    7. What are the cons of modifying the security zone?
    8. What are the risks to the bridge of resuming vessel traffic 
underneath?
    9. What are the risks to commercial and recreational vessel traffic 
by requiring small recreational motor, and human powered, vessels to 
continue transiting through the Anchorage Channel near Ellis Island?
    10. Should the U.S. Park Service screen vessels that transit 
underneath the bridge?
    11. Are there other bridges in the COTP Area that should not be 
available for recreational vessels to transit underneath?
    12. Should alternative security measures be established for access 
control to the Ellis Island Bridge, as per 33 CFR 105.255?
    13. Should alternative security measures be established for 
restricted areas, such as the Ellis Island Bridge, as per 33 CFR 
105.260?
    14. Should additional security measures be established for 
monitoring the Ellis Island Bridge as per 33 CFR 105.275?
    15. Should there be different levels of vessel transit restrictions 
underneath the bridge based on the current MARSEC Level? MARSEC Level 
means the level set to reflect the prevailing threat environment to the 
marine elements of the national transportation system, including ports, 
vessels, facilities, and critical assets and infrastructure located on 
or adjacent to waters subject to the jurisdiction of the U.S. (33 CFR 
101.105 and 33 CFR 105.230).
    16. What restrictions would you recommend be established for vessel 
transits underneath the bridge during MARSEC Level 1, 2, or 3?
    Please submit comments or concerns you may have in accordance with 
the ``Public Participation and Request for Comments'' section above.

    Dated: October 17, 2016.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2016-26599 Filed 11-2-16; 8:45 am]
BILLING CODE 9110-04-P