[Federal Register: May 30, 2003 (Volume 68, Number 104)]
[Rules and Regulations]
[Page 32364-32366]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30my03-12]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-03-060]
RIN 1625-AA00
Security Zones; New York Marine Inspection Zone and Captain of
the Port Zone
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule; request for comments.
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SUMMARY: The Coast Guard is establishing temporary security zones in
portions of the waters around Stapleton Homeport Pier in Upper New York
Bay, and the New York City Passenger Ship Terminal and Intrepid Museum
in the Hudson River. This action is necessary to safeguard Naval and
Coast Guard vessels, critical port infrastructure and coastal
facilities 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: This rule is effective from 4 p.m., May 20, 2003, until 8 p.m.
May, 28, 2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket (CGD01-03-060) and are 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 (CGD01-03-
060), 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
81/2 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 temporary rule in view of them.
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(3), the Coast Guard finds that good
cause exists for not publishing an NPRM. The Captain of the Port
conducts an ongoing assessment of the maritime domain security needs
within the port and has determined that the temporary safety and
security zones established by this rule are necessary to provide for
the protection of Naval and Coast Guard vessels, critical port
infrastructure and coastal facilities. This determination was reached
after due consideration of various warnings publicly disseminated by
the Federal Bureau of Investigation and other law enforcement agencies,
and threatening statements attributed to the al Qaeda organization. In
view of the urgent need to adequately safeguard Naval and Coast Guard
vessels, critical coastal facilities and infrastructure from potential
terrorist attack, any delay encountered by normal notice and comment
rulemaking procedures would be contrary to the public interest.
For the same reasons, the Coast Guard further finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register pursuant to 5 U.S.C. 553(d)(3).
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 Act of June 15,
1917, as amended August 9, 1950, by 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 13273
of
[[Page 32365]]
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).
Since the September 11, 2001 terrorist attacks, the Federal Bureau
of Investigation has issued several warnings concerning the potential
for additional attacks within the United States. In addition, the
ongoing hostilities in Afghanistan and growing tensions within Iraq
have made it prudent for U.S. ports and properties of national
significance to be on a higher state of alert because the al Qaeda
organization and other similar organizations have declared an ongoing
intention to conduct armed attacks on U.S. interests worldwide.
The Coast Guard is establishing temporary security zones around the
Stapleton Homeport Pier in Upper New York Bay, the New York City
Passenger Ship Terminal and Intrepid Museum in the Hudson River. These
security zones are necessary to provide for the security of the port
and to ensure that vessels and facilities, 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.
Discussion of Temporary Rule
This rule establishes the following temporary security zones:
Stapleton Homeport Pier, Upper New York Bay, Staten Island, NY
The Coast Guard is establishing a temporary security zone in all
waters of Upper New York Bay within approximately 400 yards of the
Stapleton Homeport Pier bound by the following approximate positions:
40[deg]38'00.6'' N, 074[deg]04'22.3'' W, thence to 40[deg]37'51.1'' N,
074[deg]03'46.5'' W, thence to 40[deg]37'27.5'' N, 074[deg]03'54.5'' W,
thence to 40[deg]37'33.7'' N, 074[deg]04'20.8'' W, (NAD 1983) thence
along the shoreline to the point of origin.
New York City Passenger Ship Terminal and Intrepid Museum, Hudson
River, Manhattan, NY
The Coast Guard is establishing temporary security zones in all
waters of the Hudson River within approximately 400 yards of Piers 86,
88, 90, and 92 bound by the following points: from the northeast corner
of Pier 81 where it intersects the seawall, thence to approximate
position 40[deg]45'51.3'' N, 074[deg]00'30.2'' W, thence to
40[deg]46'27.7'' N, 074[deg]00'04.9'' W, thence to the southeast corner
of Pier 97 where it intersects the seawall.
The zones described above are necessary to protect the Naval and
Coast Guard vessels participating in Fleet Week 2003, the Stapleton
Homeport Pier, the New York City Passenger Ship Terminal; the Intrepid
Museum, others in the maritime community, and the surrounding
communities from subversive or terrorist attack against the vessels and
piers that could potentially cause serious negative impact to vessels,
the port, or the environment and result in numerous casualties. 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.
Vessels will still be able to transit around the security zones at all
times. Additionally, vessels will not be precluded from mooring at or
getting underway from commercial or recreational piers in the vicinity
of the zones.
Any violation of any security zone 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 established 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 security
zone at any time without the permission of the Captain of the Port, New
York. Each person or vessel in a 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 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 Homeland
Security (DHS).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under paragraph 10e of the regulatory
policies and procedures of DHS is unnecessary. This finding is based on
the fact that: the zones are temporary in nature; the zones implicate
relatively small portions of the waterway; and vessels will be able to
transit around the security zones at all times.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 rule will
not have a significant economic impact on a substantial number of small
entities. This 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 Upper New York Bay and the Hudson
River in which entry will be prohibited by these security zones.
These security zones will not have a significant economic impact on
a substantial number of small entities for the following reasons: the
zones are temporary in nature; the zones implicate relatively small
portions of the waterways; and vessels will be able to transit around
the security zones at all times.
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 temporary rule so that we can better
evaluate its effects on them and participate in the rulemaking. 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 Lieutenant Commander W. Morton,
Waterways Oversight Branch, Coast Guard Activities New York at (718)
354-4012.
Collection of Information
This temporary rule would call for no new collection of information
under the
[[Page 32366]]
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 temporary 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 temporary rule will not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This temporary rule will 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 temporary 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 temporary rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This temporary rule is not an economically significant rule and
does not create an environmental risk to health or risk to safety that
might disproportionately affect children.
Indian Tribal Governments
This temporary 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, 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.
Energy Effects
We have analyzed this temporary 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 temporary 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 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.
0
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(g),
6.04-1, 6.04-6, and 160.5; Department of Homeland Security
Delegation No. 0170.
0
2. From 4 p.m. May 20, 2003, to 8 p.m. May 28, 2003, add temporary
Sec. 165.T01-060 to read as follows:
Sec. 165.T01-060 Security Zones; New York Marine Inspection Zone and
Captain of the Port Zone.
(a) Security zones. The following waters within the New York Marine
Inspection Zone and Captain of the Port Zone are security zones:
(1) Stapleton Homeport Pier, Upper New York Bay, Staten Island, NY.
(i) Location: All waters of Upper New York Bay within approximately 400
yards of the Stapleton Homeport Pier bound by the following approximate
positions: 40[deg]38'00.6'' N, 074[deg]04'22.3'' W, thence to
40[deg]37'51.1'' N, 074[deg]03'46.5'' W, thence to 40[deg]37'27.5'' N,
074[deg]03'54.5'' W, thence to 40[deg]37'33.7'' N, 074[deg]04'20.8'' W,
(NAD 1983) thence along the shoreline to the point of origin.
(ii) Enforcement period. Paragraph (a)(1)(i) will be enforced from
4 p.m. on Tuesday, May 20, 2003 to 8 p.m. on Wednesday, May 28, 2003.
(2) New York City Passenger Ship Terminal and Intrepid Museum,
Hudson River, Manhattan, NY. (i) Location: All waters of the Hudson
River within approximately 400 yards of Piers 86, 88, 90, and 92 bound
by the following points: from the northeast corner of Pier 81 where it
intersects the seawall, thence to approximate position 40[deg]45'51.3''
N, 074[deg]00'30.2'' W, thence to 40[deg]46'27.7'' N, 074[deg]00'04.9''
W, thence to the southeast corner of Pier 97 where it intersects the
seawall.
(ii) Enforcement period. Paragraph (a)(2)(i) will be enforced from
4 p.m. on Tuesday, May 20, 2003 to 8 p.m. on Wednesday, May 28, 2003.
(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. These personnel comprise commissioned, warrant, and petty
officers of the Coast Guard.
Upon being hailed by a U. S. Coast Guard vessel by siren, radio,
flashing light, or other means, the operator of a vessel shall proceed
as directed.
Dated: May 20, 2003.
C.E. Bone,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 03-13486 Filed 5-29-03; 8:45 am]
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