[Federal Register Volume 63, Number 245 (Tuesday, December 22, 1998)]
[Proposed Rules]
[Pages 70707-70709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33847]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-98-006]
RIN 2121-AA97
Security Zone: Dignitary Arrival/Departure New York, NY
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish permanent security zones
around the Wall Street heliport on the East River, the West 30th Street
heliport on the Hudson River, and the Marine Air Terminal at La Guardia
Airport on Bowery Bay, to protect the President, Vice President, and
visiting heads of foreign states or foreign governments during their
arrival, departure, and transits to and from the Wall Street and West
30th Street heliports, and the Marine Air Terminal. 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. This action establishes permanent exclusion areas that are active
only from shortly before the dignitaries' arrival into an area until
shortly after the dignitaries' departure from that area.
DATES: Comments must be received on or before February 22, 1999.
ADDRESSES: Comments may be mailed to the Waterways Oversight Branch
(CGD01-98-006), Coast Guard Activities New York, 212 Coast Guard Drive,
Staten Island, New York 10305, or deliver them to room 205 at the same
address between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays.
The Waterways Oversight Branch of Coast Guard Activities New York
maintains the public docket for this rulemaking. Comments, and
documents as indicated in this preamble, will become part of this
docket and will be available for inspection or copying at room 205,
Coast Guard Activities New York, between 8 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade A. Kenneally,
Waterways Oversight Branch, Coast Guard Activities New York (718) 354-
4195.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking (CGD01-98-006) and the specific section of
this document to which each comment applies, and give the reason for
each comment. Please submit two copies of all comments and attachments
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. Persons wanting acknowledgment of
receipt of comments should enclose stamped, self-addressed postcards or
envelopes.
The Coast Guard will consider all comments received during the
comment period. It may change this proposed rule in view of the
comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the Waterways Oversight Branch at the
address under ADDRESSES. The request should include the reasons why a
hearing would be beneficial. If it determines that the opportunity for
oral presentations will aid this rulemaking, the Coast Guard will hold
a public hearing at a time and place announced by a later notice in the
Federal Register.
Background and Purpose
New York City is often visited by the President and Vice President
of the United States, as well as visiting heads of foreign states or
foreign governments, on the average of 8 times per year. Often these
visits are on short notice. The President, Vice President, and visiting
heads of foreign states or foreign governments require Secret Service
protection. These dignitaries arrive at John F. Kennedy, La Guardia, or
Newark, New Jersey International Airports. They then transit to either
the Wall Street or West 30th Street heliports or they fly directly into
the Marine Air Terminal at La Guardia. Due to the sensitive nature of
these visits a security zone is needed. Standard security procedures
are enacted to ensure the proper level of protection to prevent
sabotage or other subversive acts, accidents, or other activities of a
similar nature. In the past, temporary security zones were requested by
the U.S. Secret Service with limited notice for preparation by the U.S.
Coast Guard and no opportunity for public comment. Establishing
permanent security zones by notice and comment rulemaking gives the
public the opportunity to comment on the proposed zones. The proposed
regulation establishes three permanent security zones that could be
activated upon request of the U.S. Secret Service pursuant to their
authority under 18 U.S.C. Sec. 3056.
The activation of a particular security zone will be announced via
facsimile and marine information broadcasts.
Discussion of Proposed Rule
The three proposed security zones are as follows:
The security zone around the Wall Street heliport includes 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 (NAD 1983) (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 the northeast corner of Pier 13, Manhattan, and the northwest
corner of Pier 2 North, Brooklyn.
The security zone around the West 30th Street heliport includes all
waters
[[Page 70708]]
of the Lower Hudson River south of a line drawn from the northwest
corner of Pier 76 in Manhattan to a point in Weehawken, New Jersey at
approximate position 40 deg.45'52''N 074 deg.01'01''W (NAD 1983) and
north of a line drawn from the northwest corner of Pier 64, Manhattan
to the northeast corner of Pier 14, Hoboken, New Jersey.
The security zone around the Marine Air Terminal, La Guardia
airport includes 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 (NAD 1983) to the Rikers
Island Bridge at approximate position 40 deg.46'51'' N 073 deg.53'21''
W (NAD 1983) and east of a line drawn between that 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).
Each security zone will be activated 30 minutes before the
dignitaries' arrival into the zone and remain in effect until 15
minutes after the dignitaries' departure from the zone.
The three new security zones are being proposed to ensure the Coast
Guard can provide the U.S. Secret Service with the services they
require to protect visiting dignitaries in a timely manner.
Regulatory Evaluation
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. It has not been reviewed by the Office of Management and
Budget under that Order. It is not significant under the regulatory
policies and procedures of the Department of Transportation (DOT) (44
FR 11040; February 26, 1979).
The Coast Guard expects the economic impact of this proposed rule
to be so minimal that a full Regulatory Evaluation under paragraph 10e
of the regulatory policies and procedures of DOT is unnecessary. The
Coast Guard anticipates that these security zones will be activated on
an average of 8 times per year. Costs resulting from these regulations,
if any, will be minor and have no significant adverse financial effect
on vessel operators. Although this regulation prevents traffic from
transiting through the enacted security zone, the effect of this
regulation will not be significant for the following reasons: the
limited duration of the security zone, the limited number of instances
the zones will be activated, and the extensive notifications that will
be made to the local maritime community via facsimile and marine
information broadcasts. The activation of any of the three security
zones will be for 45 minutes. These security zones have been narrowly
tailored to impose the least impact on maritime interests yet provide
the level of security deemed necessary.
Small Entities
Under the Regulatory flexibility Act (5 U.S.C. Sec. 601 et seq.),
the Coast Guard considers whether this proposed rule, if adopted, will
have a significant economic impact on a substantial number of small
entities. ``Small entities'' include 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.
For the reasons stated in the Regulatory Evaluation section above,
the Coast Guard certifies under 5 U.S.C. Sec. 605(b) that this proposed
rule, if adopted, will not have a significant economic impact on a
substantial number of small entities. If, however, you think that your
business or organization qualifies as a small entity and that this
proposed rule will have a significant economic impact on your business
or organization, please submit a comment (see ADDRESSES) explaining why
you think it qualifies and in what way and to what degree this proposed
rule will economically affect it.
Collection of Information
This proposed rule does not provide for a collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. Sec. 3501 et
seq.).
Federalism
The Coast Guard has analyzed this proposed rule under the
principles and criteria contained in Executive Order 12612 and has
determined that this proposed rule does not have sufficient
implications for federalism to warrant the preparation of a Federalism
Assessment.
Unfunded Mandates
Under the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), the
Coast Guard must consider whether this rule will result in an annual
expenditure by State, local, and tribal governments, in the aggregate
of $100 million (adjusted annually for inflation). If so, the Act
requires that a reasonable number of regulatory alternatives be
considered, and that from those alternatives, the least costly, most
cost-effective, or least burdensome alternative that achieves the
objective of the rule be selected. No State, local, or tribal
government will be affected by this rule, so this rule will not result
in annual or aggregate costs of $100 million or more. Therefore, the
Coast Guard is exempt from any further regulatory requirements under
the Unfunded Mandates Act.
Environment
The Coast Guard considered the environmental impact of this
proposed rule and concluded that under figure 2-1, paragraph 34(g), of
Commandant Instruction M16475.1C, this proposed rule is categorically
excluded from further environmental documentation. A ``Categorical
Exclusion Determination'' is available in the docket for inspection or
copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Proposed Regulation
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR Part 165 as follows:
PART 165--[AMENDED]
1. The authority citation for Part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.
2. Add Sec. 165.164 to read as follows:
Sec. 165.164 Security Zones; Dignitary Arrival and Departure, New
York, NY.
(a) The following areas are established as security zones:
(1) Location. Wall Street heliport: 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 (NAD 1983) (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 the northeast corner of Pier 13,
Manhattan, and the northwest corner of Pier 2 North, Brooklyn.
(2) Location. West 30th Street heliport: All waters of the Lower
Hudson River south of a line drawn from the northwest corner of Pier 76
in Manhattan to a point in Weehawken, New Jersey at approximate
position 40 deg.45'52''N 074 deg.01'01''W (NAD 1983) and north of a
line from the northwest corner of Pier 64, Manhattan to the
[[Page 70709]]
northeast corner of Pier 14, Hoboken, New Jersey.
(3) Location. 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 (NAD 1983) to the Rikers Island Bridge at approximate
position 40 deg.46'51''N 073 deg.53'21''W (NAD 1983) 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) The security zone will be activated 30 minutes before the
dignitaries' arrival into the zone and remain in effect until 15
minutes after the dignitaries' departure from the zone.
(5) The activation of a particular zone will be announced by
facsimile and marine information broadcasts.
(b) Regulations. (1) The general regulations contained in 33 CFR
165.33 apply.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on scene patrol
personnel. U.S. Coast Guard patrol personnel include commissioned,
warrant, and petty officers of the Coast Guard. Upon being hailed by a
U.S. Coast Guard vessel using siren, radio, flashing light, or other
means, the operator of a vessel shall proceed as directed.
Dated: December 9, 1998.
R.E. Bennis,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 98-33847 Filed 12-21-98; 8:45 am]
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