
[Federal Register Volume 79, Number 188 (Monday, September 29, 2014)]
[Proposed Rules]
[Pages 58298-58301]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23171]


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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: Notice of Proposed Rulemaking.

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SUMMARY: The Coast Guard proposes to amend 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 also proposes to disestablish these three RNAs. The three 
proposed 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: Comments and related material must be received by the Coast 
Guard on or before October 29, 2014.
    Requests for public meetings must be received by the Coast Guard on 
or before October 6, 2014.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

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 
Jeff.M.Yunker@uscg.mil or Lieutenant Myles Greenway, Coast Guard First 
District Waterways Management Branch, telephone (617) 223-8385, email 
Myles.J.Greenway@uscg.mil. 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

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. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    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, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2013-1009] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed

[[Page 58299]]

postcard or envelope. We will consider all comments and material 
received during the comment period and may change the rule based on 
your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2013-1009) 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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one on or before October 6, 2014, using one of the methods 
specified under ADDRESSES. Please explain why you believe a public 
meeting would be beneficial. If we determine that one would aid this 
rulemaking, we will hold one at a time and place announced by a later 
notice in the Federal Register.

B. Regulatory History and Information

    On August 30, 2013, we published a final rule entitled ``Regulated 
Navigation Areas, Security Zones: Dignitary Arrival/Departure and 
United Nations Meetings, New York, NY in the Federal Register (78 FR 
53671). In so doing, the Coast Guard, among other things, established 
within 33 CFR 165.164 three RNAs on the waters of the East River and 
Bronx Kill, in the vicinity of Wall Street Heliport, Randalls and Wards 
Islands, and the United Nations Building, New York.

C. 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 is to protect dignitaries, such 
as the President of the United States, who visit the United Nations. 
Although these RNAs serve their intended purpose, the Coast Guard 
proposes to replace them with security zones to best communicate the 
federal government's security posture in these particular water areas.

D. Discussion of Proposed Rule

    For the reasons discussed in the previous paragraph, the Coast 
Guard proposes to amend 33 CFR 165.164 by establishing three security 
zones to replace the three RNAs that currently exist in that section. 
Specifically, the Coast Guard proposes to establish a security zone at 
33 CFR 165.164(a)(1), (a)(2), and (a)(6) in place of the RNAs currently 
described in those same three subparagraphs. Because these proposed 
security zones will replace the three RNAs, the Coast Guard also 
proposes to disestablish the three RNAs. The size, location, 
boundaries, and enforcement periods for these three proposed security 
zones will be identical to the size, location, boundaries, and 
enforcement periods for the existing RNAs.
    This proposed rule would make no substantive changes to the 
security zones described at 33 CFR 165.164(a)(3), (a)(4), and (a)(5) 
(respectively, the ``Marine Air Terminal, La Guardia Airport Security 
Zone,'' ``United Nations Security Zone,'' and ``United Nations West 
Channel Closure Security Zone''). As a purely administrative matter, 
this proposed rule would re-title the security zones located at 33 CFR 
165.164(a)(4) and (a)(5) to ``United Nations Manhattan Shoreline'' and 
``United Nations West Channel Closure,'' respectively.
    This proposed rule would revise 33 CFR 165.164 to contain six 
security zones, each with the intended purpose of protecting 
dignitaries visiting the United Nations. One of these security zones, 
that located at 33 CFR 165.164(a)(4), would be subject to enforcement 
at all times. All others would be subject to enforcement only 
periodically, and the public would be notified of their enforcement in 
accordance with 33 CFR 165.7.

E. Regulatory Analyses

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

1. Regulatory Planning and Review

    This proposed 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 are not proposing to make any changes 
to the size, boundaries, or enforcement duration of these proposed 
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 certifies under 5 U.S.C. 605(b) that this 
proposed 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 would simply 
be designated as security zones as the more appropriate means to 
regulate the movement of vessels or individuals in the areas. We are 
not proposing to make any changes to the size, boundaries, or 
enforcement duration of the proposed security zones.
    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

[[Page 58300]]

Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed 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. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

4. Collection of Information

    This proposed 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 proposed 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed rule 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed 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 made a preliminary determination 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 proposed 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. A preliminary environmental 
analysis checklist supporting this determination and a Categorical 
Exclusion Determination will be 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 proposed 
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 proposes 
to amend 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 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 Security Zone: 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, 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]46'47'' N, 073[deg]53'05'' W to

[[Page 58301]]

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. 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 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 New York, or the 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 
First District Commander, the COTP, or the 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 New 
York.
    (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 New York 
may also notify the public about enforcement of these security zones 
via http://homeport.uscg.mil/newyorkinformation.
    (f) Contact Information. Vessel operators desiring to enter or 
operate within a security zone established by this section shall 
telephone the COTP New York at 718-354-4356 or the designated 
representative via VHF channel 16 to obtain permission to do so.

    Dated: September 16, 2014.
V.B. Gifford,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 2014-23171 Filed 9-26-14; 8:45 am]
BILLING CODE 9110-04-P


