[Federal Register: August 7, 2003 (Volume 68, Number 152)]
[Proposed Rules]
[Page 46984-46989]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07au03-13]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-03-036]
RIN 1625-AA00
Safety and Security Zones; New York Marine Inspection Zone and
Captain of the Port Zone
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish permanent safety and
security zones in portions of the waters around La Guardia and John F.
Kennedy airports in Queens, NY, the New York City Police Department
(NYPD) ammunition depot on Rodman Neck in Eastchester Bay, the Port
Newark and Port Elizabeth, NJ, commercial shipping facilities in Newark
Bay, and between the Global Marine and Military Ocean Terminals in
Upper New York Bay. This action is necessary to safeguard critical port
infrastructure and coastal facilities from sabotage, subversive acts,
or other
[[Page 46985]]
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 September 8, 2003.
ADDRESSES: You may mail comments and related material to Waterways
Oversight Branch (CGD01-03-036), 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 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 E. 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-
036), 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
that your submission 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 the 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 separate 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 13273 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)
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 the war in 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 Captain of the Port New York recently established six new
safety and security zones throughout the New York Marine Inspection
Zone and Captain of the Port Zone. (68 FR 2890, January 22, 2003).
Subsequently, the Captain of the Port has determined that the safety
and security zones proposed by this rule are urgently required to meet
critical maritime domain security needs that were not addressed by the
earlier rule. On February 19, 2003, we published a Temporary final
rule; request for comments entitled ``Safety and Security Zones; New
York Marine Inspection Zone and Captain of the Port Zone'' in the
Federal Register (68 FR 7926) temporarily establishing these safety and
security zones. We received no letters commenting on the temporary
rule. No public hearing was requested, and none was held.
The Coast Guard proposes to establish permanent safety and security
zones around La Guardia and John F. Kennedy airports, the New York City
Police Department ammunition depot, and the Port Newark/Port Elizabeth
commercial shipping facilities.
Additionally, we propose to establish a permanent safety and
security zone in all waters of Upper New York Bay between the Global
Marine and Military Ocean Terminals, west of the New Jersey Pierhead
Channel. This proposed zone was inadvertently not placed in the
Temporary final rule establishing the other six safety and security
zones. It is currently being enforced by a Vessel Traffic Service
Measure as provided for in 33 CFR 161.11.
These safety and security zones are necessary to provide for the
safety of the port and to ensure that vessels, facilities, airports, or
ammunition depots, 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 Proposed Rule
This proposed rule would establish the following safety and
security zones:
La Guardia Airport, Bowery and Flushing Bays, Queens, NY
The Coast Guard proposes to establish a safety and security zone in
all waters of Bowery and Flushing Bays within approximately 200 yards
of La Guardia Airport. The zone would start at a point onshore in
Steinway, Queens (approximate position 40[deg]46'32.1'' N,
073[deg]53'22.4'' W (NAD 1983)), proceeding east/northeast, 200 yards
off the shoreline to a point 200 yards off the shoreline and 25 yards
southeast of the lighted runway approach extending through Rikers
Island Channel, continuing to the northwest, maintaining a distance of
25 yards off the lighted runway approach, to a point 25 yards past the
end of the lighted runway approach, to the Rikers Island shoreline in
approximate position, 40[deg]47'13.0'' N, 073[deg]53'16.1'' W, thence
easterly along the Rikers Island shoreline to approximate position
40[deg]47'12.9'' N, 073[deg]52'17.9'' W, maintaining a distance of 25
yards around the lighted runway approach extending to the east of
Rikers Island, to a point 200 yards off the shoreline of La Guardia
Field, continuing 200 yards off
[[Page 46986]]
the shoreline to where it intersects the southern boundary of Flushing
Bay Channel, continuing along the southern boundary of Flushing Bay
Channel to where it intersects the northern boundary of the western
Special Anchorage Area, and continuing along the northern boundary of
the Special Anchorage Area to approximate position 40[deg]45'48.4'' N,
073[deg]51'37.0'' W, (NAD 1983) in East Elmhurst, Queens, thence along
the shoreline to the point of origin.
Within the boundaries of this zone, the Coast Guard proposes to
establish another safety and security zone in all waters of Bowery and
Flushing Bays within approximately 100 yards of La Guardia Airport.
When port security conditions permit, the Captain of the Port would
allow vessels to operate within that portion of the 200-yard zone that
lies outside of the waters described in the 100-yard zone.
Authorization to enter the waters that lie between the outer boundaries
of the two zones would be communicated by the Captain of the Port to
the public by marine broadcast, local notice to mariners, or notice
posted at http://www.harborops.com. This regulatory framework provides
the Captain of the Port with the tools to safeguard airport property
and equipment and the flexibility to accommodate local mariners to the
maximum extent permissible under the circumstances then existing.
John F. Kennedy (JFK) Airport, Jamaica Bay, Queens, NY
The Coast Guard proposes to establish four safety and security
zones in all waters near JFK Airport bound by the following points:
First, all waters of Bergen Basin north of 40[deg]39'26.4'' N.
Second, all waters of Thurston Basin north of 40[deg]38'21.2'' N.
Third, all waters of Jamaica Bay within approximately 200 yards of
John F. Kennedy Airport. The zone would start at a point onshore east
of Bergen Basin, Queens in approximate position 40[deg]38'49.0'' N,
073[deg]49'09.1'' W, thence 200 yards offshore to approximate position
40[deg]38'42.5'' N, 073[deg]49'13.2'' W, (NAD 1983) proceeding east/
southeast, 200 yards off the shoreline to a point 200 yards off the
shoreline and 25 yards off the lighted runway approach extending north
of East High Meadow, maintaining a distance of 25 yards around the
lighted runway approach, to a point 200 yards off the shoreline,
continuing 200 yards off the shoreline to Jamaica Bay Grass Hassock
Channel LIGHT 23 (LLNR 34485), continuing along the northern boundary
of Head of Bay Channel, maintaining a 200 yard boundary to approximate
position thence to 40[deg]38'00.8'' N, 073[deg]44'54.9'' W, about 690
yards northeast of Head of Bay Buoy 30 (LLNR 34545) thence to the
shoreline at 40[deg]38'05.1'' N, 073[deg]45'00.3'' W, (NAD 1983) thence
along the shoreline to the point of origin.
Fourth, within the boundaries of this zone, the Coast Guard
proposes to establish another safety and security zone in all waters of
Jamaica Bay within approximately 100 yards of John F. Kennedy Airport.
When port security conditions permit, the Captain of the Port would
allow vessels to operate within that portion of the 200-yard zone in
Jamaica Bay that lies outside of the waters described in the 100-yard
zone. Authorization to enter the waters that lie between the outer
boundaries of those two zones would be communicated by the Captain of
the Port to the public by marine broadcast, local notice to mariners,
or notice posted at http://www.harborops.com. This regulatory framework
provides the Captain of the Port with both the authority to safeguard
airport property and equipment and the flexibility to accommodate local
mariners to the maximum extent permissible under the circumstances then
existing.
NYPD Ammunition Depot, Rodman Neck, Eastchester Bay, NY
The Coast Guard proposes to establish two safety and security zones
in all waters of Eastchester Bay near the NYPD Ammunition Depot bound
by the following points:
First, all waters of Eastchester Bay within approximately 150 yards
of Rodman Neck. The zone would start at a point on the western shore of
Rodman Neck in approximate position 40[deg]51'30.4'' N,
073[deg]48'14.9'' W, thence 150 yards offshore to 40[deg]51'29.9'' N,
073[deg]48'20.7'' W, (NAD 1983) proceeding around the southern end of
Rodman Neck and then north to a point onshore in approximate position
40[deg]51'23.5'' N, 073[deg]47'41.9'' W, (NAD 1983), south of the City
Island Bridge, thence southwesterly along the shoreline to the point of
origin.
Second, within the boundaries of this zone, the Coast Guard
proposes to establish another safety and security zone in all waters of
Eastchester Bay within approximately 100 yards of Rodman Neck.
When port security conditions permit, the Captain of the Port would
allow vessels to operate within that portion of the 150-yard zone that
lies outside of the waters described in the 100-yard zone.
Authorization to enter the waters that lie between the outer boundaries
of the two zones would be communicated by the Captain of the Port to
the public by marine broadcast, local notice to mariners, or notice
posted at http://www.harborops.com. This regulatory framework provides
the Captain of the Port with the tools to safeguard Police Department
property and equipment and the flexibility to accommodate local
mariners to the maximum extent permissible under the circumstances then
existing.
Port Newark/Port Elizabeth, Newark Bay, NJ
The Coast Guard proposes to establish a safety and security zone
around the Port Newark and Port Elizabeth facilities in Newark Bay. The
zone would start at a point onshore at the New Jersey Extension Bridge
in approximate position 40[deg]41'49.9'' N, 074[deg]07'32.2'' W, thence
to 40[deg]41'46.5'' N, 074[deg]07'20.4'' W, (NAD 1983) at the western
edge of Newark Bay North Reach, proceeding along the western edge of
Newark Bay Channel south through Newark Bay Channel Buoy 21 (LLNR
37515), Newark Bay Channel Buoy 19A (LLNR 37507), Newark Bay Channel
Lighted Buoy 17 (LLNR 37485), Newark Bay Channel Buoy 15A (LLNR 37477),
Newark Bay Channel Lighted Buoy 7 (LLNR 37405), thence west to the
shoreline in approximate position 40[deg]39'21.5'' N, 074[deg]09'54.3''
W, (NAD 1983) thence northerly along the shoreline to the point of
origin.
Global Marine Terminal, Upper New York Bay
The Coast Guard proposes to establish a safety and security zone
that includes all waters of Upper New York Bay between the Global
Marine and Military Ocean Terminals, west of the New Jersey Pierhead
Channel.
The proposed zones described above are necessary to protect the La
Guardia and John F. Kennedy airports, NYPD ammunition depot, the Port
Newark/Port Elizabeth commercial shipping facilities, the Global Marine
Terminal, others in the maritime community, and the surrounding
communities from subversive or terrorist attack against the airports,
ammunition depot, and commercial shipping facilities that could
potentially cause serious negative impact to vessels, the port,
commercial ground shipments by vehicle or rail, airline traffic, or the
environment and result in numerous casualties. The Captain of the Port
does not expect this proposed rule to interfere with the transit of any
vessels through the waterways adjacent to each facility. Vessels would
still be able to transit
[[Page 46987]]
around the proposed safety and security zones at all times.
Additionally, vessels would not be precluded from mooring at or getting
underway from commercial or recreational piers in the vicinity of the
proposed zones.
Any violation of any proposed safety or 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 proposed rulemaking 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 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
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 DOT is unnecessary. This finding is based on
the fact that: the zones were established by a previous Temporary final
rule with a 60-day comment period and no comments were received by the
Coast Guard; the proposed zones implicate relatively small portions of
the waterway; vessels would be able to transit around the safety and
security zones at all times; commercial vessels visiting Port Newark/
Port Elizabeth and Global Marine Terminal are already subject to
control of the Vessel Traffic Service and previously established safety
and security zones while recreational and fishing vessels are unlikely
to operate within those areas; and the Captain of the Port would relax
the enforcement of the 200-yard zones around airport facilities and the
150-yard zone around the NYPD ammunition depot whenever he determines
that the security environment existing within the port would allow him
to do so.
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 would 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
will be prohibited by the proposed safety or security zones.
These proposed safety and security zones would not have a
significant economic impact on a substantial number of small entities
for the following reasons: the proposed zones implicate relatively
small portions of the waterway; vessels would be able to transit around
the proposed safety and security zones at all times; commercial vessels
visiting Port Newark/Port Elizabeth and the Global Marine Terminal are
already subject to control of the Vessel Traffic Service and previously
established safety and security zones while recreational and fishing
vessels are unlikely to operate within those areas; and the Captain of
the Port would relax the enforcement of the 200-yard zones around
airport facilities and the 150-yard zone around the NYPD ammunition
depot whenever he determines that the security environment existing
within the port allows him to do so.
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 E. Morton,
Waterways Oversight Branch, Coast Guard 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.
Taking of Private Property
This proposed rule would not effect 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.
[[Page 46988]]
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 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. 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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it 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.lD, this rule is categorically excluded from further
environmental documentation because 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. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
2. In Sec. 165.169, revise paragraphs (a)(7) through (a)(10) and
add paragraph (a)(11) to read as follows:
Sec. 165.169 Safety and Security Zones: New York Marine Inspection
Zone and Captain of the Port Zone.
(a) * * *
* * * * *
(7) La Guardia Airport, Bowery and Flushing Bays, Queens, NY. (i)
Location: 200-Yard Zone. All waters of Bowery and Flushing Bays within
approximately 200 yards of La Guardia Airport bound by the following
points: Onshore at Steinway, Queens in approximate position
40[deg]46'32.1'' N, 073[deg]53'22.4'' W, thence to 40[deg]46'52.8'' N,
073[deg]53'09.3'' W, thence to 40[deg]46'54.8'' N, 073[deg]52'54.2'' W,
thence to 40[deg]46'59.3'' N, 073[deg]52'51.3'' W, thence to
40[deg]47'11.8'' N, 073[deg]53'17.3'' W, thence to 40[deg]47'13.0'' N,
073[deg]53'16.1'' W on Rikers Island, thence easterly along the Rikers
Island shoreline to approximate position 40[deg]47'12.9'' N,
073[deg]52'17.9'' W, thence to 40[deg]47'16.7'' N, 073[deg]52'09.2'' W,
thence to 40[deg]47'36.1'' N, 073[deg]51'52.5'' W, thence to
40[deg]47'35.1'' N, 073[deg]51'50.5'' W, thence to 40[deg]47'15.9'' N,
073[deg]52'06.4'' W, thence to 40[deg]47'14.5'' N, 073[deg]52'03.1'' W,
thence to 40[deg]47'10.6'' N, 073[deg]52'06.7'' W, thence to
40[deg]47'01.9'' N, 073[deg]52'02.4'' W, thence to 40[deg]46'50.4'' N,
073[deg]52'08.1'' W, thence to 40[deg]46'26.8'' N, 073[deg]51'18.5'' W,
thence to 40[deg]45'57.2'' N, 073[deg]51'01.8'' W, thence to
40[deg]45'51.2'' N, 073[deg]50'59.6'' W, thence to 40[deg]45'49.5'' N,
073[deg]51'07.2'' W, thence to 40[deg]45'58.8'' N, 073[deg]51'13.2'' W,
thence to 40[deg]46'02.3'' N, 073[deg]51'20.1'' W, thence to
40[deg]45'48.4'' N, 073[deg]51'37.0'' W, (NAD 1983) thence along the
shoreline to the point of origin.
(ii) Location: 100-Yard Zone. All waters of Bowery and Flushing
Bays within approximately 100 yards of La Guardia Airport bound by the
following points: Onshore at Steinway, Queens in approximate position
40[deg]46'32.1'' N, 073[deg]53'22.4'' W, thence to 40[deg]46'50.6'' N,
073[deg]53'07.3'' W, thence to 40[deg]46'53.0'' N, 073[deg]52'50.9'' W,
thence to 40[deg]46'57.6'' N, 073[deg]52'47.9'' W, thence to
40[deg]47'11.8'' N, 073[deg]53'17.3'' W, thence to 40[deg]47'13.0'' N,
073[deg]53'16.1'' W on Rikers Island, thence easterly along the Rikers
Island shoreline to approximate position 40[deg]47'12.9'' N,
073[deg]52'17.9'' W, thence to 40[deg]47'16.7'' N, 073[deg]52'09.2'' W,
thence to 40[deg]47'36.1'' N, 073[deg]51'52.5'' W, thence to
40[deg]47'35.1'' N, 073[deg]51'50.5'' W, thence to 40[deg]47'15.9'' N,
073[deg]52'06.4'' W, thence to 40[deg]47'14.5'' N, 073[deg]52'03.1'' W,
thence to 40[deg]47'07.9'' N, 073[deg]52'09.2'' W, thence to
40[deg]47'01.4'' N, 073[deg]52'06.1'' W, thence to 40[deg]46'50.0'' N,
073[deg]52'14.6'' W, thence to 40[deg]46'22.2'' N, 073[deg]51'16.0'' W,
thence to 40[deg]45'57.2'' N, 073[deg]51'01.8'' W, thence to
40[deg]45'52.4'' N, 073[deg]51'00.2'' W, thence to 40[deg]45'50.6'' N,
073[deg]51'07.9'' W, thence to 40[deg]45'58.8'' N, 073[deg]51'13.2'' W,
thence to 40[deg]46'04.0'' N, 073[deg]51'23.3'' W, thence to
40[deg]45'51.2'' N, 073[deg]51'38.8'' W, (NAD 1983) thence along the
shoreline to the point of origin.
(iii) Enforcement period. The zones described in paragraph (a)(7)
of this section will be effective at all times. When port security
conditions permit, the Captain of the Port will allow vessels to
operate within that portion of the waters described in paragraph
(a)(7)(i) that lies outside of the waters described in paragraph
(a)(7)(ii). Authorization to enter the waters that lie between the
outer boundaries of the zones described in paragraphs (a)(7)(i) and
(a)(7)(ii) will be communicated by the Captain of the Port to the
public by marine broadcast, or local notice to mariners, or notice
posted at http://www.harborops.com.
(8) John F. Kennedy Airport, Jamaica Bay, Queens, NY. (i) Location:
Bergen Basin. All waters of Bergen Basin north of 40[deg]39'26.4'' N.
(ii) Location: Thurston Basin. All waters of Thurston Basin north
of 40[deg]38'21.2'' N.
(iii) Location: 200-Yard Zone. All waters of Jamaica Bay within
approximately 200 yards of John F. Kennedy Airport bound by the
following points: Onshore east of Bergen Basin, Queens in approximate
position 40[deg]38'49.0'' N, 073[deg]49'09.1'' W, thence to
40[deg]38'42.5'' N, 073[deg]49'13.2'' W, thence to 40[deg]38'00.6'' N,
073[deg]47'35.1'' W, thence to 40[deg]37'52.3'' N, 073[deg]47'55.0'' W,
thence to 40[deg]37'50.3'' N, 073[deg]47'53.5'' W, thence to
40[deg]37'59.4'' N, 073[deg]47'32.6'' W, thence to 40[deg]37'46.1'' N,
073[deg]47'07.2'' W, thence to 40[deg]37'19.5'' N, 073[deg]47'30.4'' W,
thence to 40[deg]37'05.5'' N, 073[deg]47'03.0'' W, thence to
40[deg]37'34.7'' N, 073[deg]46'40.6'' W, thence to 40[deg]37'20.5'' N,
073[deg]46'23.5'' W, thence to 40[deg]37'05.7'' N, 073[deg]46'34.9'' W,
thence to 40[deg]36'54.8'' N, 073[deg]46'26.7'' W, thence to
40[deg]37'14.1'' N, 073[deg]46'10.8'' W, thence to 40[deg]37'36.9'' N,
073[deg]45'52.8'' W, thence to 40[deg]38'00.8'' N, 073[deg]44'54.9'' W,
thence to 40[deg]38'05.1'' N, 073[deg]45'00.3'' W, (NAD 1983) thence
along the shoreline to the point of origin.
[[Page 46989]]
(iv) Location: 100-Yard Zone. All waters of Jamaica Bay within
approximately 100 yards of John F. Kennedy Airport bound by the
following points: Onshore east of Bergen Basin, Queens in approximate
position 40[deg]38'49.0'' N, 073[deg]49'09.1'' W, thence to
40[deg]38'45.1'' N, 073[deg]49'11.6'' W, thence to 40[deg]38'02.0'' N,
073[deg]47'31.8'' W, thence to 40[deg]37'52.3'' N, 073[deg]47'55.0'' W,
thence to 40[deg]37'50.3'' N, 073[deg]47'53.5'' W, thence to
40[deg]38'00.8'' N, 073[deg]47'29.4'' W, thence to 40[deg]37'47.4'' N,
073[deg]47'02.4'' W, thence to 40[deg]37'19.9'' N, 073[deg]47'25.0'' W,
thence to 40[deg]37'10.0'' N, 073[deg]47'03.7'' W, thence to
40[deg]37'37.7'' N, 073[deg]46'41.2'' W, thence to 40[deg]37'22.6'' N,
073[deg]46'21.9'' W, thence to 40[deg]37'05.7'' N, 073[deg]46'34.9'' W,
thence to 40[deg]36'54.8'' N, 073[deg]46'26.7'' W, thence to
40[deg]37'14.1'' N, 073[deg]46'10.8'' W, thence to 40[deg]37'40.0'' N,
073[deg]45'55.6'' W, thence to 40[deg]38'02.8'' N, 073[deg]44'57.5'' W,
thence to 40[deg]38'05.1'' N, 073[deg]45'00.3'' W, (NAD 1983) thence
along the shoreline to the point of origin.
(v) Enforcement period. The zones described in paragraphs (a)(8) of
this section will be effective at all times. When port security
conditions permit, the Captain of the Port will allow vessels to
operate within that portion of the waters described in paragraph
(a)(8)(iii) that lies outside of the waters described in paragraph
(a)(8)(iv). Authorization to enter the waters that lie between the
outer boundaries of the zones described in paragraphs (a)(8)(iii) and
(a)(8)(iv) will be communicated by the Captain of the Port to the
public by marine broadcast, local notice to mariners, or notice posted
at http://www.harborops.com.
(9) NYPD Ammunition Depot, Rodman Neck, Eastchester Bay, NY. (i)
Location: 150-Yard Zone. All waters of Eastchester Bay within
approximately 150 yards of Rodman Neck bound by the following points:
Onshore in approximate position 40[deg]51'30.4'' N, 073[deg]48'14.9''
W, thence to 40[deg]51'29.9'' N, 073[deg]48'20.7'' W, thence to
40[deg]51'16.9'' N, 073[deg]48'22.5'' W, thence to 40[deg]51'07.5'' N,
073[deg]48'18.7'' W, thence to 40[deg]50'54.2'' N, 073[deg]48'11.1'' W,
thence to 40[deg]50'48.5'' N, 073[deg]48'04.6'' W, thence to
40[deg]50'49.2'' N, 073[deg]47'56.5'' W, thence to 40[deg]51'03.6'' N,
073[deg]47'47.3'' W, thence to 40[deg]51'15.7'' N, 073[deg]47'46.8'' W,
thence to 40[deg]51'23.5'' N, 073[deg]47'41.9'' W, (NAD 1983) thence
southwesterly along the shoreline to the point of origin.
(ii) Location: 100-Yard Zone. All waters of Eastchester Bay within
approximately 100 yards of Rodman Neck bound by the following points:
Onshore in approximate position 40[deg]51'30.4'' N, 073[deg]48'14.9''
W, thence to 40[deg]51'30.1'' N, 073[deg]48'19.0'' W, thence to
40[deg]51'16.8'' N, 073[deg]48'20.5'' W, thence to 40[deg]51'07.9'' N,
073[deg]48'16.8'' W, thence to 40[deg]50'54.9'' N, 073[deg]48'09.0'' W,
thence to 40[deg]50'49.7'' N, 073[deg]48'03.6'' W, thence to
40[deg]50'50.1'' N, 073[deg]47'57.9'' W, thence to 40[deg]51'04.6'' N,
073[deg]47'48.9'' W, thence to 40[deg]51'15.9'' N, 073[deg]47'48.4'' W,
thence to 40[deg]51'23.5'' N, 073[deg]47'41.9'' W, (NAD 1983) thence
southwesterly along the shoreline to the point of origin.
(iii) Enforcement period. The zones described in paragraph (a)(9)
of this section will be effective at all times. When port security
conditions permit, the Captain of the Port will allow vessels to
operate within that portion of the waters described in paragraph
(a)(9)(i) that lies outside of the waters described in paragraph
(a)(9)(ii). Authorization to enter the waters that lie between the
outer boundaries of the zones described in paragraphs (a)(9)(i) and
(a)(9)(ii) will be communicated by the Captain of the Port to the
public by marine broadcast, local notice to mariners, or notice posted
at http://www.harborops.com.
(10) Port Newark/Port Elizabeth, Newark Bay, NJ. All waters of
Newark Bay bound by the following points: 40[deg]41'49.9'' N,
074[deg]07'32.2'' W, thence to 40[deg]41'46.5'' N, 074[deg]07'20.4'' W,
thence to 40[deg]41'10.7'' N, 074[deg]07'45.9'' W, thence to
40[deg]40'54.3'' N, 074[deg]07'55.7'' W, thence to 40[deg]40'36.2'' N,
074[deg]08'03.8'' W, thence to 40[deg]40'29.1'' N, 074[deg]08'06.3'' W,
thence to 40[deg]40'21.9'' N, 074[deg]08'10.0'' W, thence to
40[deg]39'27.9'' N, 074[deg]08'43.6'' W, thence to 40[deg]39'21.5'' N,
074[deg]08'50.1'' W, thence to 40[deg]39'21.5'' N, 074[deg]09'54.3'' W,
(NAD 1983) thence northerly along the shoreline to the point of origin.
(11) Global Marine Terminal, Upper New York Bay. All waters of
Upper New York Bay between the Global Marine and Military Ocean
Terminals, west of the New Jersey Pierhead Channel.
* * * * *
Dated: July 14, 2003.
C.E. Bone,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 03-20023 Filed 8-6-03; 8:45 am]
BILLING CODE 4910-15-P