
[Federal Register Volume 84, Number 41 (Friday, March 1, 2019)]
[Rules and Regulations]
[Pages 6972-6974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03717]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-1081]
RIN 1625-AA67


Security Zones; Dignitary Arrival/Departure and United Nations 
Meeting, New York, NY

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is modifying the Marine Air Terminal, 
LaGuardia Airport Security Zone to 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.

DATES: This rule is effective April 1, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-1081 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email MST1 Kristina Pundt, Sector New York Waterways Division, 
U.S. Coast Guard; telephone 718-354-4352, email 
Kristina.H.Pundt@uscg.mil.

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
RNA Regulated Navigation Area

II. Background Information and Regulatory History

    On September 29, 2014, the Coast Guard published an 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 RNAs 
and replace

[[Page 6973]]

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 them with 
three security zones. One of the security zones established was the 
Marine Air Terminal, LaGuardia Airport security zone.
    On May 22, 2018, the Coast Guard published an NPRM titled, 
``Security Zones; Dignitary Arrival/Departure and United Nations 
Meetings, New York, NY'' in the Federal Register (83 FR 23619). This 
NPRM proposed to modify the existing Marine Air Terminal, LaGuardia 
Airport security zone due to location adjustments of security staging 
areas, and invited comments on our proposed regulatory action related 
to this security zone. During the comment period that ended July 23, 
2018, the Coast Guard received no comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority in 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. Due to 
location adjustments of the security staging areas, the Coast Guard has 
determined that the existing security zone does not provide an adequate 
level of security. The modification will allow enforcement of a 
security zone that will minimize threat exposure. The purpose of this 
rule is 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.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published May 
22, 2018. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM.
    This rule modifies an existing security zone. The modification 
expands 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.

V. Regulatory Analyses

    We developed this 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 rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule 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 security zone. Although expanding upon the 
current security zone, the modification only encompasses a small 
designated area of Bowery Bay. Additionally, the 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 about the zone and the rule would 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 received no comments from the Small Business 
Administration on this rulemaking. 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.
    While some owners or operators of vessels intending to transit the 
security zone may be small entities, for the reasons stated in section 
V.A. above, this rule will not have a significant economic impact on 
any vessel owner or operator.
    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 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.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. 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).

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 rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive 
Order13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

[[Page 6974]]

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Commandant Instruction M16475.1D, which guide the 
Coast Guard in complying with the National Environmental Policy Act of 
1969 (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 
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. It is 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 Record of Environmental Consideration supporting 
this determination is available in the docket where indicated under 
ADDRESSES.

G. 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.

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 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:


Sec.  165.164  Security Zones; Dignitary Arrival/Departure and United 
Nations Meetings, New York, NY.

    (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: December, 4, 2018.
J.P. Tama,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2019-03717 Filed 2-28-19; 8:45 am]
 BILLING CODE 9110-04-P


