[Federal Register: November 27, 2002 (Volume 67, Number 229)]
[Proposed Rules]
[Page 70892-70897]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27no02-23]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-02-132]
RIN 2115-AA97
Safety and Security Zones; New York Marine Inspection Zone and
Captain of the Port Zone
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish permanent safety and
security zones around the Indian Point Nuclear Power Station (IPNPS),
all commercial waterfront facilities, Liquefied Hazardous Gas (LHG)
Facilities on the Arthur Kill; moored or anchored U.S. Coast Guard
vessels; Coast Guard Stations New York, Sandy Hook, and Kings Point and
Aids to Navigation Team New York; Ellis and Liberty Islands; all bridge
piers and abutments, and overhead power cable towers, piers and
abutments; tunnel ventilators; the New York City Passenger Ship
Terminal; a moving safety and security zone around ``Designated
Vessels'' (DVs) deemed by the Captain of the Port to require special
protection on account of their hazardous cargo or passenger carrying
capacity; and revise the current regulations that establish moving
safety zones around Liquefied Petroleum Gas vessels. This action is
necessary to safeguard facilities, vessels, public, and the surrounding
areas from sabotage, subversive acts, or other threats. The zones will
prohibit entry into or movement within these areas without
authorization from the Captain of the Port New York.
DATES: Comments and related material must reach the Coast Guard on or
before December 27, 2002.
ADDRESSES: You may mail comments and related material to Waterways
Oversight Branch (CGD01-02-132), Coast Guard Activities New York, 212
Coast Guard Drive, Room 204, Staten Island, New York 10305. The
Waterways Oversight Branch of Coast Guard Activities New York maintains
the public docket for this rulemaking. Comments and material received
from the public, as well as documents
[[Page 70893]]
indicated in this preamble as being available in the docket, will
become part of this docket and will be available for inspection or
copying at room 204, Coast Guard Activities New York, between 8 a.m.
and 3 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Commander W. Morton,
Waterways Oversight Branch, Coast Guard Activities New York at (718)
354-4012.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD01-02-
132), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Activities New York Waterways
Oversight Branch at the address under ADDRESSES explaining why one
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.
Background and Purpose
On September 11, 2001, three commercial aircraft were hijacked and
flown into the World Trade Center in New York City, and the Pentagon,
inflicting catastrophic human casualties and property damage. National
security and intelligence officials warn that future terrorist attacks
are likely. The President has continued the national emergencies he
declared following the September 11, 2001, terrorist attacks. See,
Continuation of the National Emergency with Respect to Certain
Terrorist Attacks, 67 FR 58317 (September 13, 2002); Continuation of
the National Emergency With Respect To Persons Who Commit, Threaten To
Commit, Or Support Terrorism, 67 FR 59447 (September 20, 2002). The
President also has found pursuant to law, including the Magnuson Act
(50 U.S.C. 191 et seq.), that the security of the United States is
endangered by disturbances in international relations of United States
that have existed since the terrorist attacks on the United States and
such disturbances continue to endanger such relations. Executive Order
13,273 of August 21, 2002, Further Amending Executive Order 10173, as
Amended, Prescribing Regulations Relating to the Safeguarding of
Vessels, Harbors, Ports, and Waterfront Facilities of the United
States, 67 FR 56215 (September 3, 2002).
Immediately following the September 11th attacks, we published a
temporary final rule (66 FR 51558) that established a temporary
regulated navigation area, and safety and security zones in the New
York Marine Inspection and Captain of the Port New York Zones. These
measures were taken to safeguard human life, vessels and waterfront
facilities from sabotage or terrorist acts. That temporary final rule
was subsequently revised (67 FR 16016; 67 FR 53310) to extend its
effective period through December 31, 2002.
The Coast Guard proposes to establish permanent safety and security
zones throughout the New York Marine Inspection and Captain of the Port
Zones as part of a comprehensive, port security regime designed to
safeguard human life, vessels and waterfront facilities from sabotage
or terrorist acts. Due to continued heightened security concerns, the
proposed permanent safety and security zones are necessary to provide
for the safety of the port and ensure that vessels, facilities,
bridges, overhead power cables, or tunnel ventilators, are not used as
targets of, or platforms for terrorist attacks. These zones would
restrict entry into or movement within portions of the New York Marine
Inspection and Captain of the Port Zones. We anticipate that the final
rule developed as a result of this rulemaking will be effective no
later than January 1, 2003.
Discussion of Proposed Rule
This proposed rule would establish the following safety and
security zones:
Indian Point Nuclear Power Station (IPNPS)
The Coast Guard proposes to establish a permanent safety and
security zone in all waters of the Hudson River within a 300-yard
radius of the IPNPS pier in approximate position
41[deg]16[min]12.4[sec] N, 073[deg]57[min]16.2[sec] W. The zone is
necessary to protect the IPNPS, others in the maritime community, and
the surrounding communities from subversive or terrorist attack against
the facility that could potentially cause serious negative impact to
vessels, the port, or the environment. Commercial vessels would still
be able to transit through the 540 yards between the western boundary
of the safety and security zone and Hudson River Lighted Buoy 27 (LLNR
37930), and recreational vessels would still be able to transit through
the western 1,115 yards of the 1,415-yard wide Hudson River.
Additionally, vessels would not be precluded from mooring at or getting
underway from commercial or recreational piers in the vicinity of the
zone.
Liquefied Hazardous Gas Vessels (LHG), LHG Facilities, and Designated
Vessel (DV) Transits
The Coast Guard proposes to revise the Liquid Petroleum Gas (LPG)
vessel safety zone at 33 CFR 165.160. That regulation establishes a
100-yard moving safety zone around any LPG vessel while it transits
between Scotland Lighted Horn Buoy S (LLNR 35085) and the Arthur Kill.
The proposed revision would establish a safety and security zone to
include all waters within the New York Marine Inspection and Captain of
the Port Zones within a 200-yard radius of any Liquefied Hazardous Gas
(LHG) vessel or LHG facility. We also propose to establish a moving
safety and security zone to include all waters within a 100-yard radius
of any ``Designated Vessel'' (DVs) transiting the New York Marine
Inspection and Captain of the Port Zones. DVs include: Vessels
certificated to carry 500 or more passengers; vessels carrying
government officials or dignitaries requiring protection by the U.S.
Secret Service, or other Federal, State, or local law enforcement
agency; and barges or ships carrying petroleum products, chemicals, or
other hazardous cargo.
These proposed safety and security zones are necessary to protect
the LHG vessels, LHG facilities, DVs, their crews and/or passengers,
others in the maritime community, and the surrounding communities from
subversive or terrorist attack against a vessel or a facility that
could potentially cause serious negative impact to human life, the
vessels, facilities, the port, or the environment. Safety and security
zones are necessary to protect passenger vessels due to their potential
as a target of subversive or terrorist attack, which could result in
significant casualties. Vessels may transit through any portion of the
proposed LHG facility safety and security zones that extend into the
navigable channel for the sole purpose of transiting through the safety
and
[[Page 70894]]
security zones so long as they remain within the navigable channel,
maintain the maximum safe distance from the waterfront facility and do
not stop or loiter within the safety and security zones.
The Captain of the Port will notify the maritime community of the
periods during which the proposed safety and security zones will be
enforced by the methods identified in 33 CFR 165.7 including electronic
mail broadcasts identifying ``Designated Vessel'' transit.
U.S. Coast Guard Cutters and Shore Facilities
The Coast Guard proposes to establish permanent safety and security
zones within 100 yards of each moored, or anchored, Coast Guard Cutter
operating within the New York Marine Inspection and Captain of the Port
Zones. We also propose to establish a safety and security zone within
100 yards of Coast Guard Station New York, Staten Island, NY, Coast
Guard Station Sandy Hook, NJ, Coast Guard Station Kings Point, NY, and
Coast Guard Aids to Navigation Team New York, Bayonne, NJ.
The proposed safety and security zones would protect Coast Guard
assets, others in the maritime community, and the surrounding
communities from subversive or terrorist attack against the Coast Guard
that could cause serious damage to vessels, the port or the environment
or adversely impact the Coast Guard's ability to conduct its assigned
missions. The Captain of the Port does not expect this rule to
interfere with the transit of any vessels through the waterways
adjacent to any cutter or shoreside facility. Additionally, vessels
would not be precluded from mooring at or getting underway from
commercial or recreational piers in the vicinity of the zones.
Commercial Waterfront Facilities
The Coast Guard proposes to establish a permanent safety and
security zone within 25 yards of each commercial waterfront facility
located within the New York Marine Inspection and Captain of the Port
Zones that is capable of accepting barge, ship, or ferry vessels. A
``commercial waterfront facility'' means all piers, wharves, docks and
similar structures to which commercial vessels may be secured; areas of
land or water under and in immediate proximity to them; buildings on
such structures or contiguous to them; and equipment and materials on
such structures and in such buildings. During transfer operations at a
commercial waterfront facility, the 25-yard zone would be measured from
the outboard side of the commercial vessel instead of the pierhead.
These zones prohibit the entry of vessels that are not actively engaged
in legitimate, scheduled transfer operations at the individual
facilities. Vessels may transit through any portion of the proposed
zone that extends into the navigable channel for the sole purpose of
direct and expeditious transit through the zone so long as they remain
within the navigable channel, maintain the maximum safe distance from
the waterfront facility and do not stop or loiter within the zone.
The proposed safety and security zones are necessary to protect
each facility, commercial vessels moored at the facility, others in the
maritime community, and the surrounding communities from subversive or
terrorist attack against the facility that could potentially cause
serious negative impact to commercial vessels, the port, or the
environment. The Captain of the Port does not expect this rule to
interfere with the transit of any vessels through the waterways
adjacent to each facility. Additionally, vessels would not be precluded
from mooring at or getting underway from commercial or recreational
piers in the vicinity of the zone.
Liberty and Ellis Islands
The Coast Guard proposes 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.
The proposed safety and security zones are necessary to protect
each Island, the bridge between Liberty State Park and Ellis Island,
authorized sight-seeing vessels operating at each island, others in the
maritime community, and the surrounding communities from subversive or
terrorist attack against the islands that could potentially cause
serious negative impact to vessels, the port, or the environment. The
Captain of the Port does not expect this rule to interfere with the
transit of any vessels through the waterways adjacent to each Island.
Additionally, vessels would not be precluded from mooring at or getting
underway from commercial or recreational piers in the vicinity of the
zones.
Bridge Piers and Abutments, Overhead Power Cable Towers, Piers, and
Tunnel Ventilators
The Coast Guard proposes to establish a permanent safety and
security zone within 25 yards of each bridge pier and abutment,
overhead power cable tower, pier, and tunnel ventilator, located within
the waters of the New York Marine Inspection and Captain of the Port
New York Zones, south of the Troy, NY Locks.
The proposed safety and security zones are necessary to protect
each bridge, overhead power cable, pier, abutment, tunnel ventilator,
others in the maritime community, and the surrounding communities from
subversive or terrorist attack against the protected structures that
could potentially cause serious negative impact to commercial ground
shipments by vehicle or railroad, private vehicle traffic, vessels, the
port, or the environment. The Captain of the Port does not expect this
rule to interfere with the transit of any vessels through the waterways
adjacent to each bridge, overhead power cable, and tunnel ventilator.
Vessels may transit through any portion of the proposed zone that
extends into the navigable channel for the sole purpose of direct and
expeditious transit through the zone so long as they remain within the
navigable channel, maintain the maximum safe distance from the
protected structure and do not stop or loiter within the zone.
Additionally, vessels would not be precluded from mooring at or getting
underway from commercial or recreational piers in the vicinity of the
zones.
New York City Passenger Ship Terminal, Hudson River, NY
The Coast Guard proposes to establish a permanent safety and
security zone that would be enforced whenever passenger vessels are
pierside at Pier 88, 90, or 92, or whenever the passenger ship terminal
or the adjacent Intrepid Sea, Air and Space Museum, Manhattan are being
used as an Emergency Operations Center. The Coast Guard will provide
notification and termination of a particular safety or security zone by
way of methods identified in 33 CFR 165.7.
This proposed safety and security zone includes all waters of the
Hudson River bound by the following points: from the northeast corner
of Pier 96 where it intersects the seawall, thence west to approximate
position 40[deg]46[min]23.1[sec] N, 073[deg]59[min]59.0[sec] W, thence
south to approximate position 40[deg]45[min]55.3[sec] N,
074[deg]00[min]20.2[sec] W (NAD 1983), thence east to the southeast
corner of Pier 84 where it intersects the seawall, thence north along
the shoreline to the point of origin. Marine traffic will still be able
to transit through the western 660 yards of the 900-yard wide Hudson
River during the activation of the zone. Vessels moored at piers within
the safety and security
[[Page 70895]]
zone, however, will not be allowed to transit from their moorings
without permission from the Captain of the Port, New York, during the
effective periods of the proposed safety and security zone. The only
vessels that would be affected by the safety or security zones would be
other passenger vessels at the Passenger Terminal or visiting vessels
at the Intrepid Sea, Air and Space Museum. The Captain of the Port may
authorize these vessels to transit through these zones. The Captain of
the Port does not anticipate any negative impact on vessel traffic due
to this safety and security zone.
The safety and security zones are necessary to protect the
passenger vessels, their crews and passengers, others in the maritime
community, and the surrounding communities from subversive or terrorist
attack that could cause serious negative impact to vessels, the port,
or the environment, and result in numerous casualties.
The Captain of the Port will notify the maritime community of
periods during which this safety and security zone will be enforced in
accordance with methods identified in 33 CFR 165.7.
Any violation of any safety or security zone proposed herein, is
punishable by, among others, civil penalties (not to exceed $27,500 per
violation, where each day of a continuing violation is a separate
violation), criminal penalties (imprisonment for not more than 10 years
and a fine of not more than $100,000), in rem liability against the
offending vessel, and license sanctions. This regulation is proposed
under the authority contained in 50 U.S.C. 191, 33 U.S.C. 1223, 1225
and 1226.
No person or vessel may enter or remain in a prescribed safety or
security zone at any time without the permission of the Captain of the
Port, New York. Each person or vessel in a safety or security zone
shall obey any direction or order of the Captain of the Port. The
Captain of the Port may take possession and control of any vessel in a
security zone and/or remove any person, vessel, article or thing from a
security zone.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it 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).
We expect 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. This finding
is based on the fact that vessels will be able to transit around the
safety and security zones at the Indian Point Nuclear Power Station,
the Coast Guard Stations and Cutters, Commercial Waterfront Facilities,
Liberty Island, Ellis Island, Bridge Piers and Abutments, Overhead
Power Cable Towers and Abutments, Tunnel Ventilators, the New York City
Passenger Ship Terminal, and the DVs, vessels can still transit through
the harbor before, during, or after these vessels' transits, the
expected short duration of these zones' activation, the expected
infrequency of the activation of the safety and security zones around
LHG vessels and LHG facilities, and advance notifications will be made
by methods in accordance with 33 CFR 165.7.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. 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. This proposed rule will affect the following
entities, some of which might be small entities: the owners or
operators of vessels intending to transit or anchor in a portion of the
New York Marine Inspection and Captain of the Port Zones in which entry
would be prohibited by safety or security zones.
These safety and security zones will not have a significant
economic impact on a substantial number of small entities for the
following reasons: vessels will be able to transit around the safety
and security zones at the Indian Point Nuclear Power Station, the Coast
Guard Stations and Cutters, Commercial Waterfront Facilities, Liberty
Island, Ellis Island, Bridge Piers and Abutments, Overhead Power Cable
Towers and Abutments, Tunnel Ventilators, the New York City Passenger
Ship Terminal, and the DVs, vessels can still transit through the
harbor before, during, or after these vessels' transits, the expected
short duration of these zones' activation, the expected infrequency of
the activation of the safety and security zones around LHG vessels and
LHG facilities, and the advance notifications that will be provided by
the methods described above.
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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact LCDR Morton,
Waterways Oversight Branch, Activities New York, at 718-354-4012.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
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 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.
[[Page 70896]]
Taking of Private Property
This proposed rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
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.
Protection of Children
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.
Indian Tribal Governments
This proposed 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. We
invite your comments on how this proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have considered the environmental impact of this proposed rule
and concluded that, under figure 2-1, paragraph 34(g), of Commandant
Instruction M16475.1D, this rule is categorically excluded from further
environmental documentation. This rule fits paragraph 34(g) as it
establishes safety and security zones. A ``Categorical Exclusion
Determination'' is available in the docket where indicated under
ADDRESSES.
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
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. Revise Sec. 165.160 to read as follows:
Sec. 165.160 Safety and Security Zones: Liquefied Hazardous Gas
Vessel, Liquefied Hazardous Gas Facility and Designated Vessel
Transits, New York Marine Inspection Zone and Captain of the Port Zone.
(a) Location. The following areas are safety and security zones:
(1) All waters of the New York Marine Inspection Zone and Captain
of the Port Zone within a 200-yard radius of any Liquefied Hazardous
Gas (LHG) vessel or LHG facility.
(2) All waters of the New York Marine Inspection Zone and Captain
of the Port Zone within a 100-yard radius of any Designated Vessels.
(b) Designated Vessels (DVs). For the purposes of this section, DVs
are: Vessels certificated to carry 500 or more passengers; vessels
carrying government officials or dignitaries requiring protection by
the U.S. Secret Service, or other Federal, State or local law
enforcement agency; and barges or ships carrying petroleum products,
chemicals, or other hazardous cargo.
(c) Regulations. (1) The general regulations contained in 33 CFR
165.23 and 165.33 apply.
(2) All persons and vessels must comply with the instructions of
the Coast Guard Captain of the Port or the designated on-scene patrol
personnel. These personnel comprise commissioned, warrant, and petty
officers of the Coast Guard onboard Coast Guard, Coast Guard Auxiliary,
local, state, and federal law enforcement vessels. Upon being hailed by
U. S. Coast Guard patrol personnel by siren, radio, flashing light, or
other means, the operator of a vessel shall proceed as directed.
(3) The Captain of the Port will notify the maritime community of
periods during which these zones will be enforced by methods in
accordance with 33 CFR 165.7 and will identify DV vessel transits by
way of electronic mail broadcast.
3. Add Sec. 165.169 to read as follows:
Sec. 165.169 Safety and Security Zones: New York Marine Inspection
Zone and Captain of the Port Zone.
(a) Safety and security zones. The following waters within the New
York Marine Inspection Zone and Captain of the Port Zone are safety and
security zones:
(1) Indian Point Nuclear Power Station (IPNPS). All waters of the
Hudson River within a 300-yard radius of the IPNPS pier in approximate
position 41[deg]16'12.4'' N, 073[deg]57'16.2'' W (NAD 83).
(2) U.S. Coast Guard Cutters and Shore Facilities. All waters
within 100 yards of: Each moored, or anchored, Coast Guard Cutter;
Coast Guard Station New York, Staten Island, NY; Coast Guard Station
Sandy Hook, NJ; Coast Guard Station Kings Point, NY; and Coast Guard
Aids to Navigation Team New York, Bayonne, NJ.
(3) Commercial Waterfront Facilities. All waters within 25 yards of
each commercial waterfront facility that is capable of accepting barge,
ferry or other commercial vessels. For purposes of this section,
``commercial waterfront facility'' means all piers, wharves, docks and
similar structures to which barge, ferry or other commercial vessels
may be secured; areas of land or water under and in immediate proximity
to them; buildings on such structures or contiguous to them; and
equipment and materials on such structures and in such buildings.
(i) When a barge, ferry or other commercial vessel is conducting
transfer operations at a commercial waterfront facility, the 25-yard
zone is measured from the outboard side of the commercial vessel.
(ii) Vessels may transit through any portion of the zone that
extends into the navigable channel for the sole purpose of direct and
expeditious transit through the zone so long as they remain within the
navigable channel, maintain the maximum safe distance from the
commercial waterfront facility and do not stop or loiter within the
zone.
(4) Liberty and Ellis Islands. All waters within 150 yards of
Liberty Island, Ellis Island, and the bridge
[[Page 70897]]
between Liberty State Park and Ellis Island.
(5) Bridge Piers and Abutments, Overhead Power Cable Towers, Piers
and Tunnel Ventilators. All waters within 25 yards of any bridge pier
or abutment, overhead power cable tower, pier or tunnel ventilators
south of the Troy, NY Locks. Vessels may transit through any portion of
the zone that extends into the navigable channel for the sole purpose
of direct and expeditious transit through the zone so long as they
remain within the navigable channel, maintain the maximum safe distance
from the waterfront facility and do not stop or loiter within the zone.
(6) New York City Passenger Ship Terminal, Hudson River, NY--(i)
Location. All waters of the Hudson River bound by the following points:
from the northeast corner of Pier 96 where it intersects the seawall,
thence west to approximate position 40[deg]46'23.1'' N,
073[deg]59'59.0'' W, thence south to approximate position
40[deg]45'55.3'' N, 074[deg]00'20.2'' W (NAD 1983), thence east to the
southeast corner of Pier 84 where it intersects the seawall, thence
north along the shoreline to the point of origin.
(ii) Enforcement period. This zone will be enforced whenever
passenger vessels are pierside at Pier 88, 90 or 92 or whenever the
passenger ship terminal or the adjacent Intrepid Sea, Air and Space
Museum, Manhattan are being used as an Emergency Operations Center. The
activation and termination of a particular zone will be announced in
accordance with 33 CFR 165.7.
(b) Regulations. (1) The general regulations contained in 33 CFR
165.23 and 165.33 apply.
(2) Vessels not actively engaged in legitimate transfer operations
shall not stop or loiter within that part of a commercial waterfront
facility safety and security zone extending into the navigable channel,
described in paragraph (a)(3) of this section, without the express
permission of the Coast Guard Captain of the Port or the designated on-
scene patrol personnel.
(3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on-scene patrol
personnel. These personnel comprise commissioned, warrant, and petty
officers of the Coast Guard onboard Coast Guard, Coast Guard Auxiliary,
local, state, and federal law enforcement vessels. Upon being hailed by
U. S. Coast Guard patrol personnel by siren, radio, flashing light, or
other means, the operator of a vessel shall proceed as directed.
Dated: November 1, 2002.
C.E. Bone,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 02-30105 Filed 11-26-02; 8:45 am]
BILLING CODE 4910-15-P