[Federal Register: February 19, 2003 (Volume 68, Number 33)]
[Rules and Regulations]
[Page 7926-7931]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19fe03-19]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-03-010]
RIN 2115-AA97
Safety and 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 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, and the Port Newark
and Port Elizabeth, NJ, commercial shipping facilities in Newark Bay.
This action is necessary to safeguard 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 February 4, 2003 until September 1,
2003. Comments and related material must reach the Coast Guard on or
before April 21, 2003.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket (CGD01-03-010) 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-
010), 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 temporary 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.
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 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, threatening statements attributed
to the al Qaeda organization, terrorist attacks upon civil aviation in
Kenya, Africa, and requests received from the police departments of New
York City and the Port Authority of New York and New Jersey. In view of
the urgent need to adequately safeguard 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 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 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
[[Page 7927]]
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 established by this rule are urgently required to
meet critical maritime domain security needs that were not addressed by
the earlier rule. The Captain of the Port will consider any public
comments submitted with respect to the temporary zones established in
this rule before commencing notice and comment rulemaking to develop
any permanent successor rule that may be required to meet the security
needs of the port.
The Coast Guard is establishing temporary 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. 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 Temporary Rule
This rule establishes the following temporary safety and security
zones:
La Guardia Airport, Bowery and Flushing Bays, Queens, NY.
The Coast Guard is establishing a temporary safety and security
zone in 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.
Within the boundaries of the above-described zone, the Coast Guard
is establishing another temporary safety and security zone in 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.
When port security conditions permit, the Captain of the Port will
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 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. 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 is establishing four temporary 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 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.
Fourth, within the boundaries of the above-described 200 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.
When port security conditions permit, the Captain of the Port will
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 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. This regulatory framework
provides the Captain of the Port with both the authority to safeguard
airport property
[[Page 7928]]
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 is establishing two temporary 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 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.
Second, within the boundaries of the above-described 150-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.
When port security conditions permit, the Captain of the Port will
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 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. 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 is establishing a temporary safety and security
zone that includes 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.
The zones described above are necessary to protect the La Guardia
and John F. Kennedy airports, NYPD ammunition depot, and the Port
Newark/Port Elizabeth commercial shipping facilities, 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 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 safety and 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 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 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 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 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 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 are temporary in nature; the zones implicate
relatively small portions of the waterway; vessels will be able to
transit around the safety and security zones at all times; commercial
vessels visiting Port Newark/Port Elizabeth 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 that area; and the Captain of the Port will 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.
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 the New York Marine Inspection and
Captain of the Port Zones in which entry will 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: The zones are
[[Page 7929]]
temporary in nature; the zones implicate relatively small portions of
the waterway; vessels will be able to transit around the safety and
security zones at all times; commercial vessels visiting Port Newark/
Port Elizabeth 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 that
area; and the Captain of the Port will 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 (Pub. L. 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 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 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 amends
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. From February 4, 2003 to September 1, 2003, in Sec. 165.169 add
new paragraphs (a)(7), (a)(8), (a)(9) and (a)(10) 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
[[Page 7930]]
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) of this section. That lies outside of the waters described in
paragraph (a)(7)(ii) of this section: Authorization to enter the waters
that lie between the outer boundaries of the zones described in
paragraphs (a)(7)(i) and (a)(7)(ii) of this section 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.
(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) of this section that lies outside of the waters described
in paragraph (a)(8)(iv) of this section. Authorization to enter the
waters that lie between the outer boundaries of the zones described in
paragraphs (a)(8)(iii) and (a)(8)(iv) of this section 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) of this section that lies outside of the waters described in
paragraph (a)(9)(ii) of this section. Authorization to enter the waters
that lie between the outer boundaries of the zones described in
paragraphs (a)(9)(i) and (a)(9)(ii) of this section 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.
* * * * *
[[Page 7931]]
Dated: February 4, 2003.
Craig E. Bone,
Captain, Coast Guard Captain of the Port, New York.
[FR Doc. 03-3980 Filed 2-18-03; 8:45 am]
BILLING CODE 4910-15-P