[Federal Register: June 1, 2004 (Volume 69, Number 105)]
[Rules and Regulations]
[Page 30828-30831]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jn04-9]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-04-053]
RIN 1625-AA00
Security Zones; New York Marine Inspection Zone and Captain of
the Port Zone
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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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 and a moving security zone around each
participating vessel in the 2004 Fleet Week parade. This action is
necessary to safeguard Naval and Coast Guard vessels, critical port
infrastructure and coastal facilities from sabotage, subversive acts,
or other threats. This rule prohibits entry into or movement within
these security zones without authorization from the Captain of the Port
New York.
DATES: This rule is effective from 8 a.m., May 24, 2004, until 8 p.m.,
June 2, 2004.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket (CGD01-04-
[[Page 30829]]
053) and are available for inspection or copying at room 203, 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)
354-4191.
SUPPLEMENTARY INFORMATION:
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 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 in making these security zones effective 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 the 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
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, and
around all participating vessels in the 2004 Fleet Week. 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 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, encompassed by a line connecting the following
points: 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 a temporary security zone in all
waters of the Hudson River within approximately 400 yards of Piers 86,
88, 90, and 92, encompassed by a line connecting 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.
2004 Fleet Week, Port of New York/New Jersey
The Coast Guard is establishing a temporary moving security zone in
all waters of the Port of New York/New Jersey within a 500-yard radius
of each participating vessel in the 2004 Fleet Week between Ambrose
Light (LLNR 720) and the George Washington Bridge (river mile 11.0) on
the Hudson River.
The zones described above are necessary to protect the Naval and
Coast Guard vessels participating in Fleet Week 2004, 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 or after a limited wait while the parade column passes their
location. Additionally, vessels will not be precluded from mooring at
or getting underway from commercial or recreational piers in the
vicinity of the zones unless they are required to wait for a limited
duration while the parade column is transiting by their location.
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. 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
[[Page 30830]]
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 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 or after a limited wait while the
parade passes their location.
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 or after waiting for a limited duration
while the parade column passes their location.
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)
354-4191.
Collection of Information
This rule calls 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 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 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 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 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 rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This 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 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 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 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:
[[Page 30831]]
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. 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.
0
2. From 8 a.m., May 24, 2004, to 8 p.m., June 2, 2004, add temporary
Sec. 165.T01-053 to read as follows:
Sec. 165.T01-053 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, encompassed by a line connecting
the following points: 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
8 a.m. on Monday, May 24, 2004 to 8 p.m. on Wednesday, June 2, 2004.
(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,
encompassed by a line connecting 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
9 a.m. on Tuesday, May 25, 2004 to 8 p.m. on Wednesday, June 2, 2004.
(3) 2004 Fleet Week, Port of NY/NJ. (i) Location: All waters of the
Port of New York/New Jersey within a 500-yard radius of each
participating vessel in the 2004 Fleet Week between Ambrose Light (LLNR
720) and the George Washington Bridge (river mile 11.0) on the Hudson
River.
(ii) Enforcement period. Paragraph (a)(3)(i) will be enforced from
8 a.m. on Wednesday, May 26, 2004, until 8 p.m. on Wednesday, June 2,
2004.
(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.
(3) 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 24, 2004.
C.E. Bone,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 04-12319 Filed 5-28-04; 8:45 am]
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