Security Zones; Dignitary Arrival/Departure and United Nations Meetings, New York, NY, 55777-55781 [2012-22293]
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Federal Register / Vol. 77, No. 176 / Tuesday, September 11, 2012 / Proposed Rules
Aviation Administration proposes to
amend 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of the Federal Aviation
Administration Order 7400.9V, Airspace
Designations and Reporting Points,
dated August 9, 2011, and effective
September 15, 2011 is amended as
follows:
Paragraph 6005 Class E airspace areas
extending upward from 700 feet or more
above the surface of the earth.
*
*
*
*
*
ANM CO E5 Walsenburg, CO
Walsenburg, Spanish Peaks Airfield, CO
(Lat. 37°41′48″ N., long. 104°47′05″ W.)
That airspace extending upward from 700
feet above the surface within a 9.7-mile
radius of the Spanish Peaks Airfield; that
airspace extending upward from 1,200 feet
above the surface within an area bounded by
lat. 37°58′00″ N., long. 105°00′00″ W.; to lat.
37°52′00″ N., long. 104°13′00″ W.; to lat.
37°17′00″ N., long. 104°10′00″ W.; to lat.
37°22′00″ N., long. 105°22′00″ W., thence to
the point of beginning.
Issued in Seattle, Washington, on August
31, 2012.
John Warner,
Manager, Operations Support Group, Western
Service Center.
[FR Doc. 2012–22241 Filed 9–10–12; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 226
Osage Negotiated Rulemaking
Committee
Department of the Interior.
ACTION: Notice of meetings.
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AGENCY:
In accordance with the
requirements of the Federal Advisory
Committee Act, 5 U.S.C. Appendix 2,
the U.S. Department of the Interior,
Bureau of Indian Affairs, Osage
Negotiated Rulemaking Committee will
meet as indicated below.
DATES: Meetings: The meetings will be
held as follows: Thursday, September
SUMMARY:
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27, 2012, and Friday, September 28,
2012, from 9 a.m. to 6 p.m.; and
Monday, October 22, 2012, and
Tuesday, October 23, 2012, from 9 a.m.
to 6 p.m.
ADDRESSES: September Meeting: Hilton
Hotel Tulsa, Warren Place, 6110 S. Yale
Avenue, Tulsa, Oklahoma 74135;
October Meeting: Osage Casino, 951 W.
36th Street, North, Tulsa, Oklahoma
74136.
FOR FURTHER INFORMATION CONTACT: Mr.
Eddie Streater, Designated Federal
Officer, Bureau of Indian Affairs,
Wewoka Agency, P.O. Box 1540,
Seminole, OK 74818; telephone (405)
257–6250; fax (405) 257–3875; or email
osageregneg@bia.gov. Additional
Committee information can be found at:
https://www.bia.gov/osageregneg.
SUPPLEMENTARY INFORMATION: On
October 14, 2011, the United States and
the Osage Nation (formerly known as
the Osage Tribe) signed a Settlement
Agreement to resolve litigation
regarding alleged mismanagement of the
Osage Nation’s oil and gas mineral
estate, among other claims. As part of
the Settlement Agreement, the parties
agreed that it would be mutually
beneficial ‘‘to address means of
improving the trust management of the
Osage Mineral Estate, the Osage Tribal
Trust Account, and Other Osage
Accounts.’’ Settlement Agreement,
Paragraph 1.i. The parties agreed that a
review and revision of the existing
regulations is warranted to better assist
the Bureau of Indian Affairs (BIA) in
managing the Osage Mineral Estate. The
parties agreed to engage in a negotiated
rulemaking for this purpose. Settlement
Agreement, Paragraph 9.b. After the
Committee submits its report, BIA will
develop a proposed rule to be published
in the Federal Register.
Meeting Agenda: The meeting agenda
will include (1) Welcome and
Introduction; (2) Overview of prior
meeting and action tracking; (3)
Members’ round robin to share
information and identify key issues to
be addressed; (4) Committee Members’
review and discussion of subcommittee
activities; (5) Future Committee
activities; (6) Public comments which
will be scheduled for 45 minutes in the
morning and again in the afternoon; (7)
and closing remarks. The final agenda
will be posted on www.bia.gov/
osagenegreg prior to each meeting.
Public Input: All Committee meetings
are open to the public. Interested
members of the public may present,
either orally or through written
comments, information for the
Committee to consider during the public
meeting. Written comments should be
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55777
submitted, prior to, during or after the
meeting, to Mr. Eddie Streater,
Designated Federal Officer, preferably
via email, at osagenegneg@bia.gov, or by
U.S. mail to: Mr. Eddie Streater,
Designated Federal Officer, Bureau of
Indian Affairs, Wewoka Agency, P.O.
Box 1540, Seminole, OK 74818. Due to
time constraints during the meeting, the
Committee is not able to read written
public comments submitted into the
record.
Individuals or groups requesting to
make oral comments at the public
Committee meeting will be limited to 5
minutes per speaker. Speakers who
wish to expand their oral statements, or
those who had wished to speak, but
could not be accommodated during the
public comment period, are encouraged
to submit their comments in written
form to the Committee after the meeting
at the address provided above. There
will be a sign-up sheet at the meeting for
those wishing to speak during the
public comment period.
The meeting location is open to the
public. Space is limited, however, so we
strongly encourage all interested in
attending to preregister by submitting
your name and contact information via
email to Mr. Eddie Streater at
osageregneg@bia.gov. Persons with
disabilities requiring special services,
such as an interpreter for the hearing
impaired, should contact Mr. Streater at
(405) 257–6250 at least seven calendar
days prior to the meeting. We will do
our best to accommodate those who are
unable to meet this deadline.
Dated: September 5, 2012.
Michael S. Black,
Director, Bureau of Indian Affairs.
[FR Doc. 2012–22373 Filed 9–10–12; 8:45 am]
BILLING CODE 4310–02–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2012–0202]
RIN 1625–AA87
Security Zones; Dignitary Arrival/
Departure and United Nations
Meetings, New York, NY
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a permanent security zone on
the waters of the East River and Bronx
Kill, in the vicinity of Randalls and
SUMMARY:
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Wards Islands, New York; revise the
description of the Wall Street Heliport
security zone on the East River, New
York; and clarify the enforcement times
and locations of the security zones that
are located near the United Nations
Headquarters in Manhattan, New York,
as set forth in 33 CFR 165.164(a)(4) and
(a)(5). This action is necessary to protect
visiting dignitaries and the Port of New
York/New Jersey against terrorism,
sabotage or other subversive acts and
incidents of a similar nature during the
dignitaries’ visit to New York City. The
zones are intended to restrict vessels
from a portion of the East River and
Bronx Kill when public officials are
scheduled to arrive and depart the area.
Persons or vessels would not be allowed
to enter these security zones without
permission from the Captain of the Port
New York (COTP) or the COTP’s
designated on-scene representative.
Comments and related material
must be received by the Coast Guard on
or before November 13, 2012. Requests
for public meetings must be received by
the Coast Guard on or before October 2,
2012.
DATES:
You may submit comments
identified by docket number using any
one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329. See the ‘‘Public Participation
and Request for Comments’’ portion of
the SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
ADDRESSES:
If
you have questions on this rule, call or
email Mr. Jeff Yunker, Waterways
Management Division, U.S. Coast
Guard; telephone (718) 354–4195, email
Jeff.M.Yunker@uscg.mil or Lieutenant
Isaac Slavitt, Coast Guard First District
Waterways Management Branch;
telephone (617) 223–8385, email
Isaac.M.Slavitt@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone (202) 366–9826.
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FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking, indicate the specific section
of this document to which each
comment applies, and provide a reason
for each suggestion or recommendation.
You may submit your comments and
material online at https://
www.regulations.gov, or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online, it will be considered
received by the Coast Guard when you
successfully transmit the comment. If
you fax, hand deliver, or mail your
comment, it will be considered as
having been received by the Coast
Guard when it is received at the Docket
Management Facility. We recommend
that you include your name and a
mailing address, an email address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number (USCG–2012–0202) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number (USCG–2012–0202) in
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the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
3. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one, using one of the methods
specified under ADDRESSES. Please
explain why you believe a public
meeting 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.
B. Regulatory History and Information
On five previous occasions, the Coast
Guard established a similar temporary
security zone to the one being proposed
by this NPRM on the waters of the East
River and Bronx Kill in the vicinity of
Randalls Island. These five temporary
security zones were effective on the
following dates: March 29, 2011,
November 30, 2011, January 19, 2012,
March 1, 2012, and May 14, 2012. In
four of those instances, the Coast Guard
was unable to publish the temporary
security zone in the Federal Register
due to receiving late notifications
regarding the arrival dates of the visiting
dignitaries. For the March 1, 2012,
temporary security zone, we published
a temporary final rule in the Federal
Register (77 FR 10960) entitled
‘‘Security Zone, East River and Bronx
Kill; Randalls and Wards Islands, NY.’’
On June 8, 2000, the Coast Guard
proposed to establish two permanent
security zones near the United Nations
Headquarters located on the East River
at East 43rd Street, Manhattan, New
York (65 FR 36393). We received no
letters commenting on the proposed rule
and no public hearing was requested
and none was held. On August 2, 2000,
we published a final rule (FR) in the
Federal Register (65 FR 47318)
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establishing the two permanent security
zones near the United Nations
Headquarters located on the East River
at East 43rd Street, Manhattan, New
York. These permanent security zones
are set forth in 33 CFR 165.164(a)(4) and
(a)(5).
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C. Basis and Purpose
The legal basis for the proposed rule
is 33 U.S.C 1226, 1231; 46 U.S.C
Chapter 701, 3306, 3703; 50 U.S.C. 191,
195; 33 CFR 1.05–1, 6.04–1, 6.04–6,
160.5; Department of Homeland
Security Delegation No. 0170.1, which
collectively authorize the Coast Guard
to establish security zones.
On five occasions since March 2011,
the United States Secret Service has
requested that the Coast Guard establish
a temporary security zone on the waters
of the East River and Bronx Kill during
the arrival and departure of the
President of the United States to and
from Randalls and Wards Islands, New
York.
The purpose of the proposed security
zone is to facilitate the security and
safety of the President and Vice
President of the United States, and
visiting heads of foreign states and other
dignitaries during their visit to New
York City.
The purpose of the revision to the
Wall Street Heliport security zone is to
identify the northern boundary of the
security zone on the Manhattan
shoreline at Wall Street. This is
necessary due to the removal of Pier 13
that is currently referenced in 33 CFR
165.164(a)(1).
The purpose of the revisions to the
United Nations security zone is to
clarify enforcement times for the
security zone, provide a more detailed
description of the security zones, and
provide a better understanding of the
transit restrictions that would be
enacted.
D. Discussion of Proposed Rule
The COTP New York proposes to
establish a security zone on the waters
of the East River and Bronx Kill in the
vicinity of Randalls and Wards Islands,
New York. The security zone is
approximately 2,150 yards long and 860
yards wide. The security zone
encompasses approximately 0.21 square
nautical miles.
This proposed security zone would be
activated 30 minutes before the
dignitaries’ arrival into the zone and
would remain in effect until 15 minutes
after the dignitaries’ departure from the
zone.
The proposed security zone on the
East River in the vicinity of Randalls
Island is necessary to facilitate the
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security and safety of the President of
the United States and other dignitaries
when they are in the vicinity of
Randalls Island.
The proposed revision to the Wall
Street Heliport security zone, paragraph
(a)(1) of § 165.164, is necessary due to
the removal of Pier 13 in Manhattan.
This pier is currently used as a reference
point to describe the northern boundary
of the current security zone. This
proposed revision would not change the
size of the security zone. It would
simply identify the position on the
Manhattan shoreline of the current
security zone boundary.
The proposed addition of paragraph
(c)(2) of § 165.164 is necessary to clarify
that the security zone in paragraph
(a)(4), restricting access to the western
half of the west channel at the United
Nations, is in effect at all times.
The proposed addition of the United
Nations West Channel Closure,
proposed 33 CFR 165.164(a)(5), is
necessary to provide a more detailed
description of the security zones that
would be enacted during the annual
United Nations General Assembly
meetings. This would provide mariners
a better understanding of the vessel
transit restrictions that would be
enacted and whether they would have
the option of transiting the shallower
waters of the eastern channel of the East
River at Roosevelt Island during some
portions of the United Nations General
Assembly.
We are also proposing paragraph
headings for each of the security zone
locations in the regulation. This will
provide an improved description of the
location of each security zone allowing
mariners to quickly determine if they
would be impacted by the activation of
that security zone.
We are proposing to move the
activation times in paragraph (a)(6) of
§ 165.164 to proposed 33 CFR
165.164(c)(2), and amend the regulation
to make the United Nations security
zone effective at all times. We are also
proposing to amend the means of
notification in paragraph (a)(7) of
§ 165.164 and are proposing to insert a
paragraph heading entitled
‘‘Notification of Enforcement’’ in
proposed 33 CFR 165.164(d).
We are proposing a ‘‘Definitions’’
paragraph to help reduce confusion in
our use of the words ‘‘dignitary’’ and
‘‘designated representative.’’
We are proposing a ‘‘Contact
Information’’ paragraph to provide more
detailed instructions on requesting
authorization for mariners to enter or
operate within the security zones.
Additionally, we are proposing a
paragraph entitled ‘‘Vessel Operator and
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Persons Authorized within a Security
Zone’’ to explain how the U.S. Coast
Guard expects these individuals to
respond after they have requested
permission to enter the activated
security zones.
E. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes or
executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
This determination is based on the
limited time that vessels would be
restricted from the Randalls and Wards
Islands zone. The security zone would
be activated for approximately 60
minutes approximately six times per
year or when necessary. The Coast
Guard expects minimal adverse impact
to mariners from the zone’s activation
based on the limited duration of the
enforcement period, the limited
geographic area affected and because
affected mariners may request
authorization from the COTP or the
designated on-scene representative to
transit the zone.
2. Impact on Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
the impact of this proposed rule on
small entities. 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 may
be small entities: The owners and
operators of vessels intending to transit
or anchor in a portion of the East River
or Bronx Kill, in the vicinity of Randalls
or Wards Islands, NY during the
effective period.
This security zone would not have a
significant economic impact on a
substantial number of small entities for
the following reasons: The security zone
is of limited size and duration. Persons
or vessels may request permission to
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transit the security zone from the COTP
or the designated on-scene
representative.
Additionally, before and during the
effective period, the Coast Guard would
issue maritime advisories widely
available to users of the waterway,
including marine information
broadcasts, and distribute a written
notice online at https://
homeport.uscg.mil/newyork.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have 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.
3. 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 proposed rule. 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 the person
listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
4. Collection of Information
This proposed rule will not call for a
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
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5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this proposed rule under that
Order and have determined that this
rule does not have implications for
federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the ‘‘For Further
Information Contact’’ section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
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7. 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 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would not cause a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
9. 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.
10. Protection of Children from
Environmental Health Risks
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.
11. 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.
12. Energy Effects
This proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use 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
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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.
13. Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule involves the establishment of one
security zone and two revisions of
another security zone. This rule is
categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. An
environmental analysis checklist will be
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
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 AREA
1. The authority citation for part 165
continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Revise § 165.164 to read as follows:
§ 165.164 Security Zones; Dignitary
Arrival/Departure and United Nations
Meetings, New York, NY.
(a) Location. The following areas are
security zones:
(1) Wall Street heliport. All waters of
the East River within the following
boundaries: East of a line drawn
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Federal Register / Vol. 77, No. 176 / Tuesday, September 11, 2012 / Proposed Rules
between approximate position 40°42′01″
N, 074°00′39″ W (east of The Battery) to
40°41′36″ N, 074°00′52″ W (point north
of Governors Island) and north of a line
drawn from the point north of
Governors Island to the southwest
corner of Pier 7 North, Brooklyn; and
south of a line drawn between
40°42′14.8″ N, 074°00′20.3″ W (Wall
Street, Manhattan), and the northwest
corner of Pier 2 North, Brooklyn (NAD
1983).
(2) Randalls and Wards Islands: All
waters of the East River between the
Hell Gate Rail Road Bridge (mile 8.2),
and a line drawn from a point at
approximate position 40° 47′27.12″ N,
073° 54′35.14″ W (Lawrence Point,
Queens) to a point at approximate
position 40° 47′52.55″ N, 073° 54′35.25″
W (Port Morris Stacks), and all waters
of the Bronx Kill southeast of the Bronx
Kill Rail Road Bridge (mile 0.6) (NAD
1983).
(3) Marine Air Terminal, La Guardia
Airport: All waters of Bowery Bay,
Queens, New York, south of a line
drawn from the western end of La
Guardia Airport at approximate position
40°46′47″ N 073°53′05″ W to the Rikers
Island Bridge at approximate position
40°46′51″ N 073°53′21″ W and east of a
line drawn between the point at the
Rikers Island Bridge to a point on the
shore in Queens, New York, at
approximate position 40°46′36″ N
073°53′31″ W (NAD 1983).
(4) United Nations. All waters of the
East River bound by the following
points: 40°44′37″ N, 073°58′16.5″ W (the
base of East 35th Street, Manhattan),
then east to 40°44′34.5″ N, 073°58′10.5″
W (about 175 yards offshore of
Manhattan), then northeasterly to
40°45′29″ N, 073°57′26.5″ W (about 125
yards offshore of Manhattan at the
Queensboro Bridge), then northwesterly
to 40°45′31″ N, 073°57′30.5″ W
(Manhattan shoreline at the Queensboro
Bridge), then southerly to the starting
point at 40°44′37″ N, 073°58′16.5″ W
(NAD 1983).
(5) United Nations West Channel
Closure. All waters of the East River
north of a line drawn from approximate
position 40°44′37″ N, 073°58′16.5″ W
(the base of East 35th Street,
Manhattan), to approximate position
40°44′31.04″ N, 073°58′03.10″ W
(approximately 400 yards east of the
Manhattan shoreline), all waters west of
a line drawn from approximate position
40°44′31.04″ N, 073°58′ 03.10″ W
(approximately 400 yards east of the
Manhattan shoreline), to the southern
tip of Roosevelt Island at approximate
position 40°44′57.96″ N, 073°57′41.57″
W, then along the western shoreline of
Roosevelt Island to the Queensboro
VerDate Mar<15>2010
18:01 Sep 10, 2012
Jkt 226001
Bridge, and all waters south of the
Queensboro Bridge (NAD 1983).
(6) United Nations Full River Closure.
All waters of the East River north of a
line drawn from approximate position
40°44′37″ N, 073°58′16.5″ W (the base of
East 35th Street, Manhattan), to
approximate position 40°44′23″ N,
073°57′44.5″ W (Hunters Point, Long
Island City), and south of the
Queensboro Bridge (NAD 1983).
(b) Definitions.
As used in this section—
Designated representative means any
Coast Guard commissioned, warrant, or
petty officer who has been designated
by the COTP to act on the COTP’s
behalf. The designated representative
may be on a Coast Guard vessel, or
onboard a federal, state, or local agency
vessel that is authorized to act in
support of the Coast Guard.
Dignitary means the President or Vice
President of the United States, or
visiting heads of foreign states or
governments.
(c) Regulations.
(1) In accordance with the general
regulations in 33 CFR part 165, no
person or vessel may enter or move
within a security zone created by this
section while it is activated unless
granted permission to do so by the
COTP New York or the designated
representative.
(2) The security zone described in
paragraph (a)(4) of this section is in
effect at all times.
(d) Notification of Enforcement. Coast
Guard Sector New York will provide
actual notice to mariners for the purpose
of enforcement. The COTP will also
provide notice to the maritime public
regarding the activation of these security
zones by appropriate means, which may
include but are not limited to a Local
Notice to Mariners or marine
information broadcasts, and at https://
homeport.uscg.mil/newyork.
(e) Contact Information. Vessel
operators desiring to enter or operate
within the security zone shall telephone
the COTP at 718–354–4356 or the
designated representative via VHF
channel 16 to request permission to do
so.
(f) Vessel Operators and Persons
Authorized within a Security Zone.
Vessel operators and persons given
permission to enter or operate in the
security zone must comply with all
directions given to them by the COTP or
the designated representative. Upon
being hailed by a U.S. Coast Guard or
New York City police vessel by siren,
radio, flashing lights, or other means,
the operator of a vessel shall proceed as
directed. Those vessels may be required
PO 00000
Frm 00045
Fmt 4702
Sfmt 4702
55781
to anchor or moor up to a waterfront
facility.
*
*
*
*
*
Dated: July 23, 2012.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the
Port New York.
[FR Doc. 2012–22293 Filed 9–10–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 167
[USCG–2011–0351]
Port Access Route Study: The Atlantic
Coast from Maine to Florida
Coast Guard, DHS.
Notice of availability; interim
AGENCY:
ACTION:
report.
The U. S. Coast Guard is
making available an interim report
issued by the Atlantic Coast Port Access
Route Study (ACPARS) workgroup. The
interim report provides status of the
workgroup efforts and the remaining
requirements to complete the study. The
Coast Guard welcomes comments on the
interim report or submission of
additional information for consideration
by the workgroup.
DATES: Comments and related material
must reach the Docket Management
Facility on or before October 11, 2012.
ADDRESSES: You may submit comments
identified by docket number USCG–
2011–0351 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329. To avoid duplication,
please use only one of these four
methods. See the ‘‘Public Participation
and Request for Comments’’ portion of
the SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice of
study contact Emile Benard, ACPARS
Project Manager, telephone 757–398–
SUMMARY:
E:\FR\FM\11SEP1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 176 (Tuesday, September 11, 2012)]
[Proposed Rules]
[Pages 55777-55781]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22293]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-0202]
RIN 1625-AA87
Security Zones; Dignitary Arrival/Departure and United Nations
Meetings, New York, NY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a permanent security
zone on the waters of the East River and Bronx Kill, in the vicinity of
Randalls and
[[Page 55778]]
Wards Islands, New York; revise the description of the Wall Street
Heliport security zone on the East River, New York; and clarify the
enforcement times and locations of the security zones that are located
near the United Nations Headquarters in Manhattan, New York, as set
forth in 33 CFR 165.164(a)(4) and (a)(5). This action is necessary to
protect visiting dignitaries and the Port of New York/New Jersey
against terrorism, sabotage or other subversive acts and incidents of a
similar nature during the dignitaries' visit to New York City. The
zones are intended to restrict vessels from a portion of the East River
and Bronx Kill when public officials are scheduled to arrive and depart
the area. Persons or vessels would not be allowed to enter these
security zones without permission from the Captain of the Port New York
(COTP) or the COTP's designated on-scene representative.
DATES: Comments and related material must be received by the Coast
Guard on or before November 13, 2012. Requests for public meetings must
be received by the Coast Guard on or before October 2, 2012.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329. See the
``Public Participation and Request for Comments'' portion of the
SUPPLEMENTARY INFORMATION section below for further instructions on
submitting comments. To avoid duplication, please use only one of these
three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Jeff Yunker, Waterways Management Division, U.S.
Coast Guard; telephone (718) 354-4195, email Jeff.M.Yunker@uscg.mil or
Lieutenant Isaac Slavitt, Coast Guard First District Waterways
Management Branch; telephone (617) 223-8385, email
Isaac.M.Slavitt@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
https://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
type the docket number (USCG-2012-0202) in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
type the docket number (USCG-2012-0202) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public meeting
We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting 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.
B. Regulatory History and Information
On five previous occasions, the Coast Guard established a similar
temporary security zone to the one being proposed by this NPRM on the
waters of the East River and Bronx Kill in the vicinity of Randalls
Island. These five temporary security zones were effective on the
following dates: March 29, 2011, November 30, 2011, January 19, 2012,
March 1, 2012, and May 14, 2012. In four of those instances, the Coast
Guard was unable to publish the temporary security zone in the Federal
Register due to receiving late notifications regarding the arrival
dates of the visiting dignitaries. For the March 1, 2012, temporary
security zone, we published a temporary final rule in the Federal
Register (77 FR 10960) entitled ``Security Zone, East River and Bronx
Kill; Randalls and Wards Islands, NY.''
On June 8, 2000, the Coast Guard proposed to establish two
permanent security zones near the United Nations Headquarters located
on the East River at East 43rd Street, Manhattan, New York (65 FR
36393). We received no letters commenting on the proposed rule and no
public hearing was requested and none was held. On August 2, 2000, we
published a final rule (FR) in the Federal Register (65 FR 47318)
[[Page 55779]]
establishing the two permanent security zones near the United Nations
Headquarters located on the East River at East 43rd Street, Manhattan,
New York. These permanent security zones are set forth in 33 CFR
165.164(a)(4) and (a)(5).
C. Basis and Purpose
The legal basis for the proposed rule is 33 U.S.C 1226, 1231; 46
U.S.C Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-
1, 6.04-6, 160.5; Department of Homeland Security Delegation No.
0170.1, which collectively authorize the Coast Guard to establish
security zones.
On five occasions since March 2011, the United States Secret
Service has requested that the Coast Guard establish a temporary
security zone on the waters of the East River and Bronx Kill during the
arrival and departure of the President of the United States to and from
Randalls and Wards Islands, New York.
The purpose of the proposed security zone is to facilitate the
security and safety of the President and Vice President of the United
States, and visiting heads of foreign states and other dignitaries
during their visit to New York City.
The purpose of the revision to the Wall Street Heliport security
zone is to identify the northern boundary of the security zone on the
Manhattan shoreline at Wall Street. This is necessary due to the
removal of Pier 13 that is currently referenced in 33 CFR
165.164(a)(1).
The purpose of the revisions to the United Nations security zone is
to clarify enforcement times for the security zone, provide a more
detailed description of the security zones, and provide a better
understanding of the transit restrictions that would be enacted.
D. Discussion of Proposed Rule
The COTP New York proposes to establish a security zone on the
waters of the East River and Bronx Kill in the vicinity of Randalls and
Wards Islands, New York. The security zone is approximately 2,150 yards
long and 860 yards wide. The security zone encompasses approximately
0.21 square nautical miles.
This proposed security zone would be activated 30 minutes before
the dignitaries' arrival into the zone and would remain in effect until
15 minutes after the dignitaries' departure from the zone.
The proposed security zone on the East River in the vicinity of
Randalls Island is necessary to facilitate the security and safety of
the President of the United States and other dignitaries when they are
in the vicinity of Randalls Island.
The proposed revision to the Wall Street Heliport security zone,
paragraph (a)(1) of Sec. 165.164, is necessary due to the removal of
Pier 13 in Manhattan. This pier is currently used as a reference point
to describe the northern boundary of the current security zone. This
proposed revision would not change the size of the security zone. It
would simply identify the position on the Manhattan shoreline of the
current security zone boundary.
The proposed addition of paragraph (c)(2) of Sec. 165.164 is
necessary to clarify that the security zone in paragraph (a)(4),
restricting access to the western half of the west channel at the
United Nations, is in effect at all times.
The proposed addition of the United Nations West Channel Closure,
proposed 33 CFR 165.164(a)(5), is necessary to provide a more detailed
description of the security zones that would be enacted during the
annual United Nations General Assembly meetings. This would provide
mariners a better understanding of the vessel transit restrictions that
would be enacted and whether they would have the option of transiting
the shallower waters of the eastern channel of the East River at
Roosevelt Island during some portions of the United Nations General
Assembly.
We are also proposing paragraph headings for each of the security
zone locations in the regulation. This will provide an improved
description of the location of each security zone allowing mariners to
quickly determine if they would be impacted by the activation of that
security zone.
We are proposing to move the activation times in paragraph (a)(6)
of Sec. 165.164 to proposed 33 CFR 165.164(c)(2), and amend the
regulation to make the United Nations security zone effective at all
times. We are also proposing to amend the means of notification in
paragraph (a)(7) of Sec. 165.164 and are proposing to insert a
paragraph heading entitled ``Notification of Enforcement'' in proposed
33 CFR 165.164(d).
We are proposing a ``Definitions'' paragraph to help reduce
confusion in our use of the words ``dignitary'' and ``designated
representative.''
We are proposing a ``Contact Information'' paragraph to provide
more detailed instructions on requesting authorization for mariners to
enter or operate within the security zones.
Additionally, we are proposing a paragraph entitled ``Vessel
Operator and Persons Authorized within a Security Zone'' to explain how
the U.S. Coast Guard expects these individuals to respond after they
have requested permission to enter the activated security zones.
E. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
This determination is based on the limited time that vessels would
be restricted from the Randalls and Wards Islands zone. The security
zone would be activated for approximately 60 minutes approximately six
times per year or when necessary. The Coast Guard expects minimal
adverse impact to mariners from the zone's activation based on the
limited duration of the enforcement period, the limited geographic area
affected and because affected mariners may request authorization from
the COTP or the designated on-scene representative to transit the zone.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. 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 may be small entities: The owners and operators of vessels
intending to transit or anchor in a portion of the East River or Bronx
Kill, in the vicinity of Randalls or Wards Islands, NY during the
effective period.
This security zone would not have a significant economic impact on
a substantial number of small entities for the following reasons: The
security zone is of limited size and duration. Persons or vessels may
request permission to
[[Page 55780]]
transit the security zone from the COTP or the designated on-scene
representative.
Additionally, before and during the effective period, the Coast
Guard would issue maritime advisories widely available to users of the
waterway, including marine information broadcasts, and distribute a
written notice online at https://homeport.uscg.mil/newyork.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
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.
3. 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 proposed rule. 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 the person listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
4. Collection of Information
This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that this rule does not have implications for
federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the ``For Further
Information Contact'' section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. 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 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
9. 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.
10. Protection of Children from Environmental Health Risks
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.
11. 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.
12. Energy Effects
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use 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.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
made a preliminary determination that this action is one of a category
of actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves the
establishment of one security zone and two revisions of another
security zone. This rule is categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist will be available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
proposed rule.
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 AREA
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
2. Revise Sec. 165.164 to read as follows:
Sec. 165.164 Security Zones; Dignitary Arrival/Departure and United
Nations Meetings, New York, NY.
(a) Location. The following areas are security zones:
(1) Wall Street heliport. All waters of the East River within the
following boundaries: East of a line drawn
[[Page 55781]]
between approximate position 40[deg]42'01'' N, 074[deg]00'39'' W (east
of The Battery) to 40[deg]41'36'' N, 074[deg]00'52'' W (point north of
Governors Island) and north of a line drawn from the point north of
Governors Island to the southwest corner of Pier 7 North, Brooklyn; and
south of a line drawn between 40[deg]42'14.8'' N, 074[deg]00'20.3'' W
(Wall Street, Manhattan), and the northwest corner of Pier 2 North,
Brooklyn (NAD 1983).
(2) Randalls and Wards Islands: All waters of the East River
between the Hell Gate Rail Road Bridge (mile 8.2), and a line drawn
from a point at approximate position 40[deg] 47'27.12'' N, 073[deg]
54'35.14'' W (Lawrence Point, Queens) to a point at approximate
position 40[deg] 47'52.55'' N, 073[deg] 54'35.25'' W (Port Morris
Stacks), and all waters of the Bronx Kill southeast of the Bronx Kill
Rail Road Bridge (mile 0.6) (NAD 1983).
(3) Marine Air Terminal, La Guardia Airport: All waters of Bowery
Bay, Queens, New York, south of a line drawn from the western end of La
Guardia Airport at approximate position 40[deg]46'47'' N
073[deg]53'05'' W to the Rikers Island Bridge at approximate position
40[deg]46'51'' N 073[deg]53'21'' W and east of a line drawn between the
point at the Rikers Island Bridge to a point on the shore in Queens,
New York, at approximate position 40[deg]46'36'' N 073[deg]53'31'' W
(NAD 1983).
(4) United Nations. All waters of the East River bound by the
following points: 40[deg]44'37'' N, 073[deg]58'16.5'' W (the base of
East 35th Street, Manhattan), then east to 40[deg]44'34.5'' N,
073[deg]58'10.5'' W (about 175 yards offshore of Manhattan), then
northeasterly to 40[deg]45'29'' N, 073[deg]57'26.5'' W (about 125 yards
offshore of Manhattan at the Queensboro Bridge), then northwesterly to
40[deg]45'31'' N, 073[deg]57'30.5'' W (Manhattan shoreline at the
Queensboro Bridge), then southerly to the starting point at
40[deg]44'37'' N, 073[deg]58'16.5'' W (NAD 1983).
(5) United Nations West Channel Closure. All waters of the East
River north of a line drawn from approximate position 40[deg]44'37'' N,
073[deg]58'16.5'' W (the base of East 35th Street, Manhattan), to
approximate position 40[deg]44'31.04'' N, 073[deg]58'03.10'' W
(approximately 400 yards east of the Manhattan shoreline), all waters
west of a line drawn from approximate position 40[deg]44'31.04'' N,
073[deg]58' 03.10'' W (approximately 400 yards east of the Manhattan
shoreline), to the southern tip of Roosevelt Island at approximate
position 40[deg]44'57.96'' N, 073[deg]57'41.57'' W, then along the
western shoreline of Roosevelt Island to the Queensboro Bridge, and all
waters south of the Queensboro Bridge (NAD 1983).
(6) United Nations Full River Closure. All waters of the East River
north of a line drawn from approximate position 40[deg]44'37'' N,
073[deg]58'16.5'' W (the base of East 35th Street, Manhattan), to
approximate position 40[deg]44'23'' N, 073[deg]57'44.5'' W (Hunters
Point, Long Island City), and south of the Queensboro Bridge (NAD
1983).
(b) Definitions.
As used in this section--
Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been designated by the COTP to act on
the COTP's behalf. The designated representative may be on a Coast
Guard vessel, or onboard a federal, state, or local agency vessel that
is authorized to act in support of the Coast Guard.
Dignitary means the President or Vice President of the United
States, or visiting heads of foreign states or governments.
(c) Regulations.
(1) In accordance with the general regulations in 33 CFR part 165,
no person or vessel may enter or move within a security zone created by
this section while it is activated unless granted permission to do so
by the COTP New York or the designated representative.
(2) The security zone described in paragraph (a)(4) of this section
is in effect at all times.
(d) Notification of Enforcement. Coast Guard Sector New York will
provide actual notice to mariners for the purpose of enforcement. The
COTP will also provide notice to the maritime public regarding the
activation of these security zones by appropriate means, which may
include but are not limited to a Local Notice to Mariners or marine
information broadcasts, and at https://homeport.uscg.mil/newyork.
(e) Contact Information. Vessel operators desiring to enter or
operate within the security zone shall telephone the COTP at 718-354-
4356 or the designated representative via VHF channel 16 to request
permission to do so.
(f) Vessel Operators and Persons Authorized within a Security Zone.
Vessel operators and persons given permission to enter or operate in
the security zone must comply with all directions given to them by the
COTP or the designated representative. Upon being hailed by a U.S.
Coast Guard or New York City police vessel by siren, radio, flashing
lights, or other means, the operator of a vessel shall proceed as
directed. Those vessels may be required to anchor or moor up to a
waterfront facility.
* * * * *
Dated: July 23, 2012.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2012-22293 Filed 9-10-12; 8:45 am]
BILLING CODE 9110-04-P
