[Federal Register Volume 83, Number 99 (Tuesday, May 22, 2018)]
[Proposed Rules]
[Pages 23619-23621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10899]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-1081]
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 modify the Marine Air Terminal, 
LaGuardia Airport Security Zone. The modification of the security zone 
would expand the existing security zone boundary north along the Rikers 
Island Bridge to the intersecting point on the southern tip of Rikers 
Island then east to the western end of LaGuardia Airport. This expanded 
security zone is necessary to protect the port, waterfront facilities, 
and waters of the United States from terrorism, sabotage, or other 
subversive acts and incidents of a similar nature during visits to New 
York City by various dignitaries. We invite your comments on this 
proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 23, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-1081 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 about this 
proposed rulemaking, call or email MST1 Kristina Pundt, Sector New York 
Waterways Division, U.S. Coast Guard; telephone 718-354-4352, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On September 29, 2014, the Coast Guard 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). This 
NPRM proposed to disestablish three regulated navigation areas (RNAs) 
and replace each with a security zone. No comments nor requests for a 
public meeting were received. On December 30, 2014 the Coast Guard 
published a Final Rule titled, ``Security Zones; Dignitary Arrival/
Departure and United Nations Meetings, New York, NY'' in the Federal 
Register (79 FR 78308). This final rule disestablished the RNAs and 
replaced each with a security zone. One of the security zones 
established was the Marine Air Terminal, LaGuardia Airport security 
zone.
    The purpose of this rulemaking is to modify the existing Marine Air 
Terminal, LaGuardia Airport security zone. Due to location adjustments 
of security staging areas, the Coast Guard has determined that 
modification of the existing security zone is necessary to safeguard 
the port, waterfront facilities, and waters of the United States from 
terrorism, sabotage, or other subversive acts and incidents of a 
similar nature during visits by various dignitaries to New York City.
    The Coast Guard proposes this rulemaking under the authority in 33 
U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; and 
Department of Homeland Security Delegation No. 0170.1.

III. Discussion of Proposed Rule

    The Coast Guard proposes to amend 33 CFR 165.164 by modifying the

[[Page 23620]]

existing Marine Air Terminal, LaGuardia Airport security zone. The 
modification of the security zone would expand the existing security 
zone boundary north along the Rikers Island Bridge to the intersecting 
point on the southern tip of Rikers Island then east to the western end 
of LaGuardia Airport. Due to location adjustments of security staging 
areas, the Coast Guard has determined that the existing security zone 
does not provide an adequate level of security. The proposed 
modification will allow enforcement of a security zone that will 
minimize threat exposure. The regulatory text we are proposing appears 
at the end of this document.

IV. 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 and Executive orders and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the limited size 
and enforcement of the proposed security zone. Although expanding upon 
the current security zone, the proposed modification only encompasses a 
small designated area of Bowery Bay. Additionally, the proposed 
security zone will only be enforced during the infrequent visits of 
domestic and foreign dignitaries for as limited duration as necessary 
to safeguard against destruction, loss, or injury from sabotage or 
other subversive acts, accidents, or other causes of a similar nature. 
Moreover, the Coast Guard will issue a Broadcast Notice to Mariners via 
VHF-FM marine channel 16 prior to periods of enforcement. Lastly, the 
rule would continue to allow vessels to seek permission to transit the 
zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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 would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
security zone may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    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.
    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 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 
section. 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.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    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 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

E. 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.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01, which guides the Coast Guard in complying 
with the National Environmental Policy Act of 1969 (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 the modification of a security zone that would prohibit entry 
into Bowery Bay for a limited duration and for a limited number of 
instances each year. Normally such actions are categorically excluded 
from further review under paragraph L60(a) of Appendix A, Table 1 of 
DHS Instruction Manual 023-01-001-01, Rev. 01. A draft Record of 
Environmental Consideration supporting this determination is 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.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.

[[Page 23621]]

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.

V. 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 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, 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, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 AREAS

0
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, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. In Sec.  165.164, revise paragraph (a)(3) to read as follows:
    (a) * * *
    (3) Marine Air Terminal, LaGuardia Airport Security Zone: All 
waters of Bowery Bay, Queens, New York, inside of a line drawn from the 
start of the Rikers Island Bridge in Queens at approximate position 
40[deg]46'37'' N, 073[deg]53'30'' W to the intersecting point on the 
southern side of Rikers Island at approximate position 40[deg]47'12'' 
N, 073[deg]53'06'' W, then a line drawn east to the western end of 
LaGuardia Airport at approximate position 40[deg]47'00'' N, 
073[deg]52'44'' W, then a line drawn south following the shoreline back 
to the point of origin at 40[deg]46'37'' N, 073[deg]53'30'' W (NAD 
1983).

    Dated: May 7, 2018.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2018-10899 Filed 5-21-18; 8:45 am]
 BILLING CODE 9110-04-P


