Regulated Navigation Areas, Security Zones: Dignitary Arrival/Departure and United Nations Meetings, New York, NY, 23515-23519 [2013-09278]

Download as PDF Federal Register / Vol. 78, No. 76 / Friday, April 19, 2013 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS § 809.10 Labeling for in vitro diagnostic products. (a) The label for an in vitro diagnostic product shall state the following information, except where such information is not applicable, or as otherwise specified in a standard for a particular product class, as provided in paragraph (e) of this section, or in the form of a symbol, provided that such symbol is either accompanied by explanatory text adjacent to the symbol or is contained in a standard that FDA recognizes under its authority under section 514(c) of the Federal Food, Drug, and Cosmetic Act and is explained in a symbols glossary that contemporaneously accompanies the in vitro diagnostic product. FDA may recognize a standardized symbol for all devices or only for certain types or categories of devices. Section 201(k) of the Federal Food, Drug, and Cosmetic Act provides that a requirement made by or under authority of this act that any word, statement, or other information appear on the label shall not be considered to be complied with unless a word, statement, or other information also appears on the outside container or wrapper, if any there be, of the retail package of such article, or is easily legible through the outside container or wrapper. * * * * * (b) Labeling accompanying each product, e.g., a package insert, shall state in one place the following information in the format and order specified in this paragraph, except where such information is not applicable, or as specified in a standard for a particular product class, or where such information is provided in the form of a symbol, provided that such symbol is either accompanied by explanatory text adjacent to the symbol or is contained in a standard that FDA recognizes under its authority under section 514(c) of the Federal Food, Drug, and Cosmetic Act and is explained in a symbols glossary that contemporaneously accompanies the in vitro diagnostic product. * * * * * * * * (c) * * * (2) In the case of a shipment or delivery for an investigation that is not subject to part 812 (see § 812.2(c)), if the following conditions are met, including that, where information required by those conditions is provided in the form of a symbol, such symbol must either be accompanied by explanatory text adjacent to the symbol or contained in a standard that FDA recognizes under its authority under section 514(c) of the Federal Food, Drug, and Cosmetic Act, VerDate Mar<15>2010 16:59 Apr 18, 2013 Jkt 229001 and explained in a symbols glossary that contemporaneously accompanies the in vitro diagnostic product: * * * * * (d) The labeling of general purpose laboratory reagents (e.g., hydrochloric acid) and equipment (e.g., test tubes and pipettes) whose uses are generally known by persons trained in their use need not bear the directions for use required by § 809.10(a) and (b), if their labeling meets the requirements of this paragraph, except where such information is provided in the form of a symbol, provided that such symbol is either accompanied by explanatory text adjacent to the symbol or is contained in a standard that FDA recognizes under its authority under section 514(c) of the Federal Food, Drug, and Cosmetic Act and is explained in a symbols glossary that contemporaneously accompanies the reagent or equipment. * * * * * (e)(1) The labeling for analyte specific reagents (e.g., monoclonal antibodies, deoxyribonucleic acid (DNA) probes, viral antigens, ligands) shall bear the following information, except where such information is provided in the form of a symbol, provided that such symbol is either accompanied by explanatory text adjacent to the symbol or is contained in a standard that FDA recognizes under its authority under section 514(c) of the Federal Food, Drug, and Cosmetic Act and is explained in a symbols glossary that contemporaneously accompanies the reagent: * * * * * (f) The labeling for over-the-counter (OTC) test sample collection systems for drugs of abuse testing shall bear the following information in language appropriate for the intended users, except where such information is provided on labels in the form of a symbol, provided that such symbol is either accompanied by explanatory text adjacent to the symbol or is contained in a standard that FDA recognizes under its authority under section 514(c) of the Federal Food, Drug, and Cosmetic Act and is explained in a symbols glossary that contemporaneously accompanies the test sample collection system: * * * * * Dated: April 15, 2013. Leslie Kux, Assistant Commissioner for Policy. [FR Doc. 2013–09175 Filed 4–18–13; 8:45 am] BILLING CODE 4160–01–P PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 23515 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2012–0202] RIN 1625–AA11; 1625–AA87 Regulated Navigation Areas, Security Zones: Dignitary Arrival/Departure and United Nations Meetings, New York, NY Coast Guard, DHS. Supplemental notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes amendments to its regulation establishing security zones that are enforceable in connection with the arrival or departure of international leaders for United Nations meetings in New York, NY. New regulated navigation areas would be established and some security zones would be modified, and the regulation would be rearranged. The proposed amendments would assist the Coast Guard in protecting public safety and visiting dignitaries during these events, and thus promote the Coast Guard’s maritime safety and maritime security missions. DATES: Comments and related material must be received by the Coast Guard on or before May 20, 2013. Requests for public meetings must be received by the Coast Guard on or before April 26, 2013. ADDRESSES: You may submit comments identified by docket number using any one of the following methods: (1) Federal eRulemaking Portal: http://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, Coast Guard Sector New York, Waterways Management Division; telephone (718) SUMMARY: E:\FR\FM\19APP1.SGM 19APP1 23516 Federal Register / Vol. 78, No. 76 / Friday, April 19, 2013 / Proposed Rules 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 Barbara Hairston, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: 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. Table of Acronyms Port 2. Viewing Comments and Documents DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking SNPRM Supplemental Notice of Proposed Rulemaking UNGA United Nations General Assembly RNA Regulated Navigation Area UN United Nations 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 http:// www.regulations.gov and will include any personal information you have provided. mstockstill on DSK4VPTVN1PROD with PROPOSALS 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 http:// 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 http://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 VerDate Mar<15>2010 16:59 Apr 18, 2013 Jkt 229001 To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://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 20590–0001, 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 on or before April 26, 2013, 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 September 11, 2012, we published a notice of proposed rulemaking (NPRM) entitled ‘‘Security Zones; Dignitary Arrival/Departure and United Nations Meetings, New York, NY’’ in the Federal Register (77 FR 55777). We received seven comments on the proposed rule. One commenter said it would be good to know evacuation routes and protocols during incidents at the United Nations (UN) so the public could avoid the situation. UN evacuation protocols are PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 outside of the purview of this rulemaking. One commenter said we should consider limiting access to security zone enforcement notifications, to prevent subversives or terrorists from gaining an advantage via these notifications. By law, we must make such notifications public. We disagree that they provide information that would otherwise be unavailable to potential bad actors, because UN meetings and dignitary visits are well publicized in the commercial media and other open sources. This commenter also said we should clarify how a vessel may obtain permission to enter an in-force security zone and whether this permission is temporary or permanent, and that vessels should be able to obtain preestablished clearance to travel through in-force security zones. Our proposed amendments clearly describe how to obtain entry permission, which is for the duration of the enforcement period. Pre-establishing clearance is not advisable since the specific terms on which entry may be authorized will vary depending on the exact nature of each dignitary’s visit. Lastly, this commenter said we should develop a contingency plan for emergency scenarios that addresses acute high volume boat traffic and evacuation. This is outside the purview of this rulemaking. One commenter said our Randalls and Wards Islands coordinates are incorrect. We verified the published coordinates and confirmed they are correct, with no changes necessary. One commenter said that permanently prohibiting freedom of movement takes a vote of elected officials in place of a regulation. The Coast Guard’s legal authority to establish RNAs and security zones is outlined in the Basis and Purpose section. One commenter said the UN should relocate to Dubai and that the UN building should be converted to apartments or condominiums. This is outside the purview of this rulemaking. The New York City Water Trail Association Steering Committee stated that last minute changes to security zone activation times of even a few minutes can make adjusting plans difficult or impossible for small, humanpowered boats, borne by the tide. Dignitary schedule changes are outside of the Coast Guard’s authority. We will provide as much advance information, and publish it as widely, as it is possible for us to do under the circumstances and when practicable. The commenter also raised concerns about the inclusion of the Bronx Kill in the proposed Randalls and Wards Island security E:\FR\FM\19APP1.SGM 19APP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 78, No. 76 / Friday, April 19, 2013 / Proposed Rules zone and stated we did not include a thorough explanation of the security rationale for closing the Bronx Kill. Inclusion of the Bronx Kill area is necessary to prevent vessels or persons from bypassing the security measures established on shore for the events and engaging in waterborne terrorist actions during the highly-publicized events. The commenter additionally stated that a legal launch site on the northwest corner of Randalls Island on the Bronx Kill would be rendered off limits during activation of this security zone. The New York City Water Trail Map displayed on the NYC Parks Web site did not display a launch site on Randalls Island when checked on November 27, 2012 and on February 4, 2013 at http://www.nycgovparks.org/ facilities/kayak. The Coast Guard does not control vessel launch activities on the Bronx Kill at the northwest corner of Randalls or Wards Islands. This reported launch site is outside of the boundaries of this security zone. The commenter also stated it can be difficult for paddlers and rowers to communicate requests for on-site permission to transit the security zone. Paddlers and rowers can reach the Coast Guard on VHF–FM radio using handheld radios to communicate requests to transit a security zone. In addition, those mariners solely carrying mobile phones may contact the COTP at (718) 354– 4356 to request to transit through the security zone. Furthermore, the commenter states that there should be a provision for passage along the pierhead line on the opposite side of the river and that the Coast Guard should outline specific procedures and standards for obtaining permission to transit the security zone. The commenter also states that small, un-motorized boats pose no threat to targets one half mile away. We reiterate that security measures would be limited to the minimum necessary to mitigate identified risks to safety or security. Lastly, the commenter said we should meet with all harbor stakeholders before creating more security zones. While there may be a number of security zones and regulated navigation areas in place throughout the Captain of the Port New York zone, their purposes and the events for which they are enforced are different and rarely overlapping in time or location. We do not expect more than one of the zones or areas affected by this rulemaking to be enforced at the same time, given the length of the meetings being attended. C. Basis and Purpose The legal basis for the proposed rule is 33 U.S.C 1226, 1231; 46 U.S.C VerDate Mar<15>2010 16:59 Apr 18, 2013 Jkt 229001 Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; and Department of Homeland Security Delegation No. 0170.1, which collectively authorize the Coast Guard to establish RNAs and security zones. The purpose of this rulemaking is to regulate navigation in waters near the United Nations (UN) during UN visits by international leaders. The purpose of this supplemental NPRM is to notify the public that we have determined an RNA to be a legally more appropriate tool than a security zone for certain areas described in the NPRM. D. Discussion of Proposed Rule The Coast Guard proposes amending the existing security zone regulation relating to the arrival and departure of dignitaries for UN meetings in New York City, 33 CFR 165.164. Our proposals are substantively similar to the proposals contained in our 2012 NPRM, but we are proposing some rearrangement and non-substantive revision of § 165.164, and we are proposing redesignating some existing or proposed security zones as regulated navigation areas. Please see the NPRM for a further discussion of how we have enforced § 165.164 security zones in the past. We have now determined that an RNA is the more appropriate means to regulate the movement of vessels or individuals instead of the security zones originally proposed or already codified at 33 CFR 165.164. We would designate the Wall Street Heliport, Randalls and Wards Islands, and United Nations Full River Closure security zones as RNAs. The Marine Air Terminal, United Nations, and United Nations West Channel Closure security zones would remain designated as security zones as they do not completely restrict vessel traffic on that portion of the Bowery Bay and East River during enforcement of the security zones. We would reorganize § 165.164 and add descriptive designations to name each of the several locations covered by that regulation. We propose revising § 165.164(a)(1) relating to the Wall Street Heliport. We would remove a reference to Pier 13, which no longer exists, but otherwise the boundaries of the designated area would not change. The existing security zone would become a regulated navigation area. We would add new § 165.164(a)(2) and establish an RNA on the waters of the East River and Bronx Kill in the vicinity of Randalls and Wards Islands. The RNA would be approximately 2,150 yards long and 860 yards wide, and would encompass approximately 0.21 square nautical miles. It would be PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 23517 enforced from 30 minutes before a dignitary’s arrival until 15 minutes after the dignitary’s departure from the area. We propose no changes to § 165.164(a)(3), other than to designate it as the Marine Air Terminal, La Guardia Airport Security Zone. We propose designating the security zone created by § 165.164(a)(4) as the United Nations Security Zone, and we propose rewording the description of this zone’s boundaries for clarity, without changing its geographical coordinates. In new paragraph (d), we propose stating that this zone is in force at all times. We propose transferring the security zone described in existing § 165.164(a)(5) to paragraph (a)(6), and designating it the United Nations Full River Closure RNA. The content of existing paragraph (a)(6) would be addressed in new paragraph (d). When enforced, the UN Full River Closure RNA would fully close the East River to vessel traffic within its boundaries. We would create a new security zone in paragraph (a)(5), to be designated the United Nations West Channel Closure Security Zone. When in force, it would close only a portion of the western channel of the river. Vessels capable of transiting the shallower waters of the eastern channel could do so. The content of existing paragraph (a)(7) would be addressed in new paragraph (d). We propose adding a new § 165.164(b) to define terms used in the regulation. The content of existing paragraph (b) would be moved to paragraph (c). We propose adding a new § 165.164(d) to describe how and when each regulated navigation area or security zone would be enforced, and how the public will be notified that enforcement is in effect. Finally, we propose adding a new § 165.164(e) to describe how vessel operators may obtain permission to enter or operate within a regulated navigation area or security zone. 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 E:\FR\FM\19APP1.SGM 19APP1 23518 Federal Register / Vol. 78, No. 76 / Friday, April 19, 2013 / Proposed Rules 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 RNA. The RNA 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 RNA’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 RNA. mstockstill on DSK4VPTVN1PROD with PROPOSALS 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 will 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 enforcement periods. These RNA’s will not have a significant economic impact on a substantial number of small entities for the following reasons: The RNA is of limited size and duration. Persons or vessels may request permission to transit the RNA from the COTP or the designated on-scene representative. Additionally, before and during the enforcement 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 http:// 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 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. VerDate Mar<15>2010 16:59 Apr 18, 2013 Jkt 229001 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 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 an 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 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 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. 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 rule may be categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. An E:\FR\FM\19APP1.SGM 19APP1 Federal Register / Vol. 78, No. 76 / Friday, April 19, 2013 / Proposed Rules 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: mstockstill on DSK4VPTVN1PROD with PROPOSALS § 165.164 Regulated Navigation Areas, Security Zones: Dignitary Arrival/Departure and United Nations Meetings, New York, NY. (a) Location. The following areas are regulated navigation areas (RNA) or security zones: (1) Wall Street Heliport RNA. All waters of the East River within the following boundaries: East of a line drawn 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 RNA: 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 Security Zone: 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 VerDate Mar<15>2010 16:59 Apr 18, 2013 Jkt 229001 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 Security Zone. 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 along the shoreline to the starting point at 40°44′37″ N, 073°58′16.5″ W (NAD 1983). (5) United Nations West Channel Closure Security Zone. 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 Bridge, and all waters south of the Queensboro Bridge (NAD 1983). (6) United Nations Full River Closure RNA. 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. In accordance with the general regulations in 33 CFR part PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 23519 165, no person or vessel may enter or move within a RNA or security zone created by this section during enforcement periods unless granted permission to do so by the COTP New York or the designated representative. Vessel operators and persons given permission to enter or operate in the RNA or 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 must proceed as directed, and follow any instructions to anchor or moor up to a waterfront facility. (d) Enforcement. The security zone described in paragraph (a)(4) of this section is effective and will be enforced at all times. Coast Guard Sector New York will provide actual notice to mariners for the purpose of enforcement for the regulated navigation areas and security zones described in paragraphs (a)(1), (a)(2), (a)(3), (a)(5), and (a)(6). The Captain of the Port will also provide notice to the maritime public regarding the activation of these RNAs and security zones by appropriate means, which may include but are not limited to a Local Notice to Mariners or marine information broadcasts, and at http:// homeport.uscg.mil/newyork. (e) Contact Information. Vessel operators desiring to enter or operate within a RNA or security zone shall telephone the COTP at (718) 354–4356 or the designated representative via VHF channel 16 to obtain permission to do so. Dated: April 9, 2013. D.B. Abel, Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District. [FR Doc. 2013–09278 Filed 4–18–13; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2013–0174] RIN 1625–AA00 Safety Zone; Atlantic Intracoastal Waterway; Wrightsville Beach, NC Coast Guard, DHS. Notice of Proposed Rulemaking. AGENCY: ACTION: The Coast Guard proposes to extend the temporary safety zone established on the waters of the Atlantic SUMMARY: E:\FR\FM\19APP1.SGM 19APP1

Agencies

[Federal Register Volume 78, Number 76 (Friday, April 19, 2013)]
[Proposed Rules]
[Pages 23515-23519]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09278]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0202]
RIN 1625-AA11; 1625-AA87


Regulated Navigation Areas, Security Zones: Dignitary Arrival/
Departure and United Nations Meetings, New York, NY

AGENCY: Coast Guard, DHS.

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes amendments to its regulation 
establishing security zones that are enforceable in connection with the 
arrival or departure of international leaders for United Nations 
meetings in New York, NY. New regulated navigation areas would be 
established and some security zones would be modified, and the 
regulation would be rearranged. The proposed amendments would assist 
the Coast Guard in protecting public safety and visiting dignitaries 
during these events, and thus promote the Coast Guard's maritime safety 
and maritime security missions.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 20, 2013.
    Requests for public meetings must be received by the Coast Guard on 
or before April 26, 2013.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://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, Coast Guard Sector New York, Waterways 
Management Division; telephone (718)

[[Page 23516]]

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 Barbara Hairston, 
Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of AcronymsCOTP Captain of the Port

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
SNPRM Supplemental Notice of Proposed Rulemaking
UNGA United Nations General Assembly
RNA Regulated Navigation Area
UN United Nations

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 http://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 
http://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 http://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 http://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 20590-0001, 
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 on or before April 26, 2013, 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 September 11, 2012, we published a notice of proposed rulemaking 
(NPRM) entitled ``Security Zones; Dignitary Arrival/Departure and 
United Nations Meetings, New York, NY'' in the Federal Register (77 FR 
55777). We received seven comments on the proposed rule.
    One commenter said it would be good to know evacuation routes and 
protocols during incidents at the United Nations (UN) so the public 
could avoid the situation. UN evacuation protocols are outside of the 
purview of this rulemaking.
    One commenter said we should consider limiting access to security 
zone enforcement notifications, to prevent subversives or terrorists 
from gaining an advantage via these notifications. By law, we must make 
such notifications public. We disagree that they provide information 
that would otherwise be unavailable to potential bad actors, because UN 
meetings and dignitary visits are well publicized in the commercial 
media and other open sources. This commenter also said we should 
clarify how a vessel may obtain permission to enter an in-force 
security zone and whether this permission is temporary or permanent, 
and that vessels should be able to obtain pre-established clearance to 
travel through in-force security zones. Our proposed amendments clearly 
describe how to obtain entry permission, which is for the duration of 
the enforcement period. Pre-establishing clearance is not advisable 
since the specific terms on which entry may be authorized will vary 
depending on the exact nature of each dignitary's visit. Lastly, this 
commenter said we should develop a contingency plan for emergency 
scenarios that addresses acute high volume boat traffic and evacuation. 
This is outside the purview of this rulemaking.
    One commenter said our Randalls and Wards Islands coordinates are 
incorrect. We verified the published coordinates and confirmed they are 
correct, with no changes necessary.
    One commenter said that permanently prohibiting freedom of movement 
takes a vote of elected officials in place of a regulation. The Coast 
Guard's legal authority to establish RNAs and security zones is 
outlined in the Basis and Purpose section.
    One commenter said the UN should relocate to Dubai and that the UN 
building should be converted to apartments or condominiums. This is 
outside the purview of this rulemaking.
    The New York City Water Trail Association Steering Committee stated 
that last minute changes to security zone activation times of even a 
few minutes can make adjusting plans difficult or impossible for small, 
human-powered boats, borne by the tide. Dignitary schedule changes are 
outside of the Coast Guard's authority. We will provide as much advance 
information, and publish it as widely, as it is possible for us to do 
under the circumstances and when practicable. The commenter also raised 
concerns about the inclusion of the Bronx Kill in the proposed Randalls 
and Wards Island security

[[Page 23517]]

zone and stated we did not include a thorough explanation of the 
security rationale for closing the Bronx Kill. Inclusion of the Bronx 
Kill area is necessary to prevent vessels or persons from bypassing the 
security measures established on shore for the events and engaging in 
waterborne terrorist actions during the highly-publicized events. The 
commenter additionally stated that a legal launch site on the northwest 
corner of Randalls Island on the Bronx Kill would be rendered off 
limits during activation of this security zone. The New York City Water 
Trail Map displayed on the NYC Parks Web site did not display a launch 
site on Randalls Island when checked on November 27, 2012 and on 
February 4, 2013 at http://www.nycgovparks.org/facilities/kayak. The 
Coast Guard does not control vessel launch activities on the Bronx Kill 
at the northwest corner of Randalls or Wards Islands. This reported 
launch site is outside of the boundaries of this security zone. The 
commenter also stated it can be difficult for paddlers and rowers to 
communicate requests for on-site permission to transit the security 
zone. Paddlers and rowers can reach the Coast Guard on VHF-FM radio 
using handheld radios to communicate requests to transit a security 
zone. In addition, those mariners solely carrying mobile phones may 
contact the COTP at (718) 354-4356 to request to transit through the 
security zone. Furthermore, the commenter states that there should be a 
provision for passage along the pierhead line on the opposite side of 
the river and that the Coast Guard should outline specific procedures 
and standards for obtaining permission to transit the security zone. 
The commenter also states that small, un-motorized boats pose no threat 
to targets one half mile away. We reiterate that security measures 
would be limited to the minimum necessary to mitigate identified risks 
to safety or security. Lastly, the commenter said we should meet with 
all harbor stakeholders before creating more security zones. While 
there may be a number of security zones and regulated navigation areas 
in place throughout the Captain of the Port New York zone, their 
purposes and the events for which they are enforced are different and 
rarely overlapping in time or location. We do not expect more than one 
of the zones or areas affected by this rulemaking to be enforced at the 
same time, given the length of the meetings being attended.

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; and Department of Homeland Security Delegation No. 
0170.1, which collectively authorize the Coast Guard to establish RNAs 
and security zones. The purpose of this rulemaking is to regulate 
navigation in waters near the United Nations (UN) during UN visits by 
international leaders. The purpose of this supplemental NPRM is to 
notify the public that we have determined an RNA to be a legally more 
appropriate tool than a security zone for certain areas described in 
the NPRM.

D. Discussion of Proposed Rule

    The Coast Guard proposes amending the existing security zone 
regulation relating to the arrival and departure of dignitaries for UN 
meetings in New York City, 33 CFR 165.164. Our proposals are 
substantively similar to the proposals contained in our 2012 NPRM, but 
we are proposing some rearrangement and non-substantive revision of 
Sec.  165.164, and we are proposing redesignating some existing or 
proposed security zones as regulated navigation areas. Please see the 
NPRM for a further discussion of how we have enforced Sec.  165.164 
security zones in the past. We have now determined that an RNA is the 
more appropriate means to regulate the movement of vessels or 
individuals instead of the security zones originally proposed or 
already codified at 33 CFR 165.164. We would designate the Wall Street 
Heliport, Randalls and Wards Islands, and United Nations Full River 
Closure security zones as RNAs. The Marine Air Terminal, United 
Nations, and United Nations West Channel Closure security zones would 
remain designated as security zones as they do not completely restrict 
vessel traffic on that portion of the Bowery Bay and East River during 
enforcement of the security zones.
    We would reorganize Sec.  165.164 and add descriptive designations 
to name each of the several locations covered by that regulation.
    We propose revising Sec.  165.164(a)(1) relating to the Wall Street 
Heliport. We would remove a reference to Pier 13, which no longer 
exists, but otherwise the boundaries of the designated area would not 
change. The existing security zone would become a regulated navigation 
area.
    We would add new Sec.  165.164(a)(2) and establish an RNA on the 
waters of the East River and Bronx Kill in the vicinity of Randalls and 
Wards Islands. The RNA would be approximately 2,150 yards long and 860 
yards wide, and would encompass approximately 0.21 square nautical 
miles. It would be enforced from 30 minutes before a dignitary's 
arrival until 15 minutes after the dignitary's departure from the area.
    We propose no changes to Sec.  165.164(a)(3), other than to 
designate it as the Marine Air Terminal, La Guardia Airport Security 
Zone.
    We propose designating the security zone created by Sec.  
165.164(a)(4) as the United Nations Security Zone, and we propose 
rewording the description of this zone's boundaries for clarity, 
without changing its geographical coordinates. In new paragraph (d), we 
propose stating that this zone is in force at all times.
    We propose transferring the security zone described in existing 
Sec.  165.164(a)(5) to paragraph (a)(6), and designating it the United 
Nations Full River Closure RNA. The content of existing paragraph 
(a)(6) would be addressed in new paragraph (d). When enforced, the UN 
Full River Closure RNA would fully close the East River to vessel 
traffic within its boundaries. We would create a new security zone in 
paragraph (a)(5), to be designated the United Nations West Channel 
Closure Security Zone. When in force, it would close only a portion of 
the western channel of the river. Vessels capable of transiting the 
shallower waters of the eastern channel could do so.
    The content of existing paragraph (a)(7) would be addressed in new 
paragraph (d).
    We propose adding a new Sec.  165.164(b) to define terms used in 
the regulation. The content of existing paragraph (b) would be moved to 
paragraph (c).
    We propose adding a new Sec.  165.164(d) to describe how and when 
each regulated navigation area or security zone would be enforced, and 
how the public will be notified that enforcement is in effect.
    Finally, we propose adding a new Sec.  165.164(e) to describe how 
vessel operators may obtain permission to enter or operate within a 
regulated navigation area or security zone.

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

[[Page 23518]]

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 RNA. The RNA 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 RNA'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 RNA.

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 
will 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 
enforcement periods.
    These RNA's will not have a significant economic impact on a 
substantial number of small entities for the following reasons: The RNA 
is of limited size and duration. Persons or vessels may request 
permission to transit the RNA from the COTP or the designated on-scene 
representative.
    Additionally, before and during the enforcement 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 http://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 
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.

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 
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 an 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.

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 rule may be 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. An

[[Page 23519]]

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

0
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.

0
2. Revise Sec.  165.164 to read as follows:


Sec.  165.164  Regulated Navigation Areas, Security Zones: Dignitary 
Arrival/Departure and United Nations Meetings, New York, NY.

    (a) Location. The following areas are regulated navigation areas 
(RNA) or security zones:
    (1) Wall Street Heliport RNA. All waters of the East River within 
the following boundaries: East of a line drawn 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 RNA: 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 Security Zone: 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 Security Zone. 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 along the shoreline 
to the starting point at 40[deg]44'37'' N, 073[deg]58'16.5'' W (NAD 
1983).
    (5) United Nations West Channel Closure Security Zone. 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 RNA. 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. In accordance with the general regulations in 33 
CFR part 165, no person or vessel may enter or move within a RNA or 
security zone created by this section during enforcement periods unless 
granted permission to do so by the COTP New York or the designated 
representative. Vessel operators and persons given permission to enter 
or operate in the RNA or 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 must 
proceed as directed, and follow any instructions to anchor or moor up 
to a waterfront facility.
    (d) Enforcement. The security zone described in paragraph (a)(4) of 
this section is effective and will be enforced at all times. Coast 
Guard Sector New York will provide actual notice to mariners for the 
purpose of enforcement for the regulated navigation areas and security 
zones described in paragraphs (a)(1), (a)(2), (a)(3), (a)(5), and 
(a)(6). The Captain of the Port will also provide notice to the 
maritime public regarding the activation of these RNAs and security 
zones by appropriate means, which may include but are not limited to a 
Local Notice to Mariners or marine information broadcasts, and at 
http://homeport.uscg.mil/newyork.
    (e) Contact Information. Vessel operators desiring to enter or 
operate within a RNA or security zone shall telephone the COTP at (718) 
354-4356 or the designated representative via VHF channel 16 to obtain 
permission to do so.

    Dated: April 9, 2013.
D.B. Abel,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2013-09278 Filed 4-18-13; 8:45 am]
BILLING CODE 9110-04-P