Regulated Navigation Areas, Security Zones: Dignitary Arrival/Departure and United Nations Meetings, New York, NY, 53671-53675 [2013-21171]
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Federal Register / Vol. 78, No. 169 / Friday, August 30, 2013 / Rules and Regulations
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 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 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.
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13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this 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 determined 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 involves
restricting vessel movement within a
regulated navigation area. This rule is
categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
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 rule.
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List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR Part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for Part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 50 U.S.C. 191, 195; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add § 165.T01–0329 to read as
follows:
■
§ 165.T01–0329 Regulated Navigation
Area; Maine Kennebec Bridge Construction
and Removal, Kennebec River, Richmond,
ME.
(a) Location. The following area is a
Regulated Navigation Area (RNA): All
navigable waters, surface to bottom, on
the Kennebec River within a 300 yard
radius of position 44°05’27’’ N,
069°46’57’’ W in the vicinity of the
Maine Kennebec River Bridge between
Richmond, ME and Dresden, ME.
(b) Regulations. (1) The general
regulations contained in 33 CFR 165.11
and 165.13 apply within the RNA.
(2) In accordance with the general
regulations, entry into or movement
within this zone, during periods of
enforcement, is prohibited unless
authorized by the COTP Sector Northern
New England.
(3) Persons and vessels may request
permission to enter the RNA during
periods of enforcement by contacting
the COTP or the COTP’s on-scene
representative on VHF–16 or via phone
at 207–767–0303.
(4) During periods of enforcement, a
speed limit of six (6) knots will be in
effect within the regulated area. All
vessels must proceed through the area
with caution and operate in such a
manner as to produce no wake.
(5) Vessels must comply with all
directions given to them by the COTP or
the COTP’s on-scene representative. The
‘‘on-scene representative’’ of the COTP
is any Coast Guard commissioned,
warrant or petty officer who has been
designated by the COTP to act on the
COTP’s behalf. The on-scene
representative may be on a Coast Guard
vessel; Maine State Police, Maine
Marine Patrol or other designated craft;
or may be on shore and communicating
with vessels via VHF–FM radio or
loudhailer. Members of the Coast Guard
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53671
Auxiliary may be present to inform
vessel operators of this regulation.
(6) Upon being hailed by a U.S. Coast
Guard vessel by siren, radio, flashing
light or other means, the operator of the
vessel must proceed as directed.
(7) All other relevant regulations,
including but not limited to the Rules of
the Road (33 CFR part 84—Subchapter
E, Inland Navigational Rules) remain in
effect within the regulated area and
must be strictly followed at all times.
(c) Enforcement Period. This
regulation is enforceable 24 hours a day
from 5:00 a.m. on September 1, 2013
until 11:59 p.m. on December 31, 2016.
(1) Prior to commencing or
suspending enforcement of this
regulation, the COTP will give notice by
appropriate means to inform the
affected segments of the public, to
include dates and times. Such means of
notification will include constructive
notice by publication in the Federal
Register, actual notice, as well as
Broadcast Notice to Mariners and Local
Notice to Mariners.
(2) Violations of this RNA may be
reported to the COTP at 207–767–0303
or on VHF-Channel 16.
Dated: August 15, 2013.
D.B. Abel,
Rear Admiral, U.S. Coast Guard Commander,
First Coast Guard District.
[FR Doc. 2013–21180 Filed 8–29–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. 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.
Final rule.
AGENCY:
ACTION:
The Coast Guard is amending
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. This rule establishes
new regulated navigation areas,
modifies certain security zones, and
better organizes the regulation. The
amendments will 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.
SUMMARY:
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Federal Register / Vol. 78, No. 169 / Friday, August 30, 2013 / Rules and Regulations
This rule is effective September
30, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2012–0202]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number 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.
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–
354–4195, email Jeff.M.Yunker@
uscg.mil or Chief Craig Lapiejko, Coast
Guard First District Waterways
Management Branch, telephone 617–
223–8381, email Craig.D.Lapiejko@
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:
DATES:
Table of Acronyms
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DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
SNPRM Supplemental Notice of Proposed
Rulemaking
RNA Regulated Navigation Area
UN United Nations
UNGA United Nations General Assembly
A. 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 NPRM.
After publication of the NPRM we
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. On April 19, 2013, we
published a supplemental notice of
proposed rulemaking (SNPRM) entitled
‘‘Regulated Navigation Areas, Security
Zones: Dignitary Arrival/Departure and
United Nations Meetings, New York, NY
in the Federal Register (78 FR 23515).
We received one comment on the
SNPRM.
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B. Basis and Purpose
The legal basis for the proposed rule
is 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; and
Department of Homeland Security
Delegation No. 0170.1, which
collectively authorize the Coast Guard
to establish RNAs and 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.
This regulation carries out three
related actions: (1) Establishes new
regulated navigation areas in the waters
near the United Nations (UN) during UN
visits by international leaders; (2)
revises the Wall Street Heliport security
zone to identify the northern boundary
of the security zone on the Manhattan
shoreline at Wall Street, which is
necessary due to the removal of Pier 13
that is currently referenced in 33 CFR
165.164(a)(1); and (3) revises the United
Nations security zone to clarify
enforcement times for the security zone,
provide a more detailed description of
the security zone, and provide a better
understanding of the transit restrictions
that would be enacted.
C. Discussion of Comments, Changes
and the Final Rule
After publication of the SNPRM in the
Federal Register (78 FR 23515) the
National Oceanic and Atmospheric
Administration (NOAA) submitted a
comment recommending that 33 CFR
165.164(a)(4) be revised to state the
United Nations Security Zone extends
about 180 yards offshore of Manhattan
instead of the currently published 175
yards. This recommendation only
changes the description of the security
zone’s boundaries without changing its
geographical coordinates. The Coast
Guard agrees and has made this change
to the final rule.
The Coast Guard is 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
amendments are substantively similar to
the proposals contained in our 2012
NPRM, but we are reorganizing and
making a non-substantive revision of
§ 165.164, and we are redesignating
three existing security zones as
regulated navigation areas. Please see
the NPRM for a further discussion of
how we have enforced § 165.164
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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 are designating 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 will 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 are reorganizing § 165.164 and
adding descriptive designations to name
each of the several locations covered by
that regulation.
We are revising § 165.164(a)(1)
relating to the Wall Street Heliport. We
are removing a reference to Pier 13,
which no longer exists, but otherwise
the boundaries of the designated area
will not change. The existing security
zone is now designated a regulated
navigation area.
We are adding a new § 165.164(a)(2)
and establishing an RNA on the waters
of the East River and Bronx Kill in the
vicinity of Randalls and Wards Islands.
The RNA is approximately 2,150 yards
long and 860 yards wide, and
encompasses approximately 0.21 square
nautical miles. It will be enforced from
30 minutes before a dignitary’s arrival
until 15 minutes after the dignitary’s
departure from the area.
We are making no changes to
§ 165.164(a)(3), other than to designate
it as the Marine Air Terminal, La
Guardia Airport Security Zone.
We are designating the security zone
created by § 165.164(a)(4) as the United
Nations Security Zone, and we are
rewording the description of this zone’s
boundaries for clarity, without changing
its geographical coordinates. In new
paragraph (d), we state that this zone is
in force at all times.
We are 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)
is addressed in new paragraph (d).
When enforced, the UN Full River
Closure RNA will fully close the East
River to vessel traffic within its
boundaries. We are creating a new
security zone in paragraph (a)(5), to be
designated the United Nations West
Channel Closure Security Zone. When
in force, it will close only a portion of
the western channel of the river. Vessels
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capable of transiting the shallower
waters of the eastern channel can do so.
The content of existing paragraph
(a)(7) is addressed in new paragraph (d).
We are adding a new § 165.164(b) to
define terms used in the regulation. The
content of existing paragraph (b) is
being moved to paragraph (c).
We are adding a new § 165.164(d) to
describe how and when each regulated
navigation area or security zone will be
enforced, and how the public will be
notified that enforcement is in effect.
Finally, we are 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.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
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1. Regulatory Planning and Review
This 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 will be
restricted from the Randalls and Wards
Islands RNA. The RNA will 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
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
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with populations of less than 50,000.
The Coast Guard received zero
comments from the Small Business
Administration on this rule. The Coast
Guard certifies under 5 U.S.C. 605(b)
that this rule will not have a significant
economic impact on a substantial
number of small entities.
This rule will affect the following
entities, some of which 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 RNAs 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
will 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.
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 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.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
4. Collection of Information
This rule will not call for a new
collection of information under the
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53673
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 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 rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule will 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 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
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
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13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
12. Energy Effects
This action 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 rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this 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 determined 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 involves the
establishment of an RNA and revisions
to current RNAs and security zones.
This rule is categorically excluded from
further review under paragraph 34(g) of
Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREA
1. The authority citation for part 165
continues to read as follows:
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■
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:
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§ 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
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
180 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
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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
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
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Federal Register / Vol. 78, No. 169 / Friday, August 30, 2013 / Rules and Regulations
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 https://
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: August 7, 2013.
D.B. Abel,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2013–21171 Filed 8–29–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2013–0717]
RIN 1625–AA00
Eighth Coast Guard District Annual
Safety Zones; Boomsday Festival;
Tennessee River 646.0–649.0;
Knoxville, TN
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
a Safety Zone for the Boomsday Festival
Fireworks on the Tennessee River
646.0–649.0 from 9:30 p.m. until 10:30
p.m. on September 1, 2013. This action
is necessary to safeguard participants
and spectators, including all crews,
vessels, and persons on navigable
waters, during the Boomsday Festival
Fireworks. During the enforcement
period, entry into, transiting or
anchoring in the Safety Zone is
prohibited to all vessels not registered
with the sponsor as participants or
official patrol vessels, unless
specifically authorized by the Captain of
the Port (COTP) Ohio Valley or a
designated representative.
DATES: The regulations in 33 CFR
165.801 will be enforced from 9:30 p.m.
until 10:30 p.m. on September 1, 2013.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice of
enforcement, call Petty Officer James
Alter, Coast Guard Marine Safety
Detachment Nashville at 615–736–5421,
or james.r.alter@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the Safety Zone for
ehiers on DSK2VPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
14:23 Aug 29, 2013
Jkt 229001
the annual Boomsday Festival
Fireworks listed in 33 CFR 165.801
Table 1, Table No. 36; Sector Ohio
Valley, No. 39 on September 1, 2013
from 9:30 p.m. until 10:30 p.m.
Under the provisions of 33 CFR
165.801, entry into the safety zone listed
in Table 1, Table No. 36; Sector Ohio
Valley, No. 39 is prohibited unless
authorized by the Captain of the Port or
a designated representative. Persons or
vessels desiring to enter into or passage
through the Safety Zone must request
permission from the Captain of the Port
or a designated representative. If
permission is granted, all persons and
vessels shall comply with the
instructions of the Captain of the Port or
designated representative.
This notice is issued under authority
of 5 U.S.C. 552 (a); 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, and 160.5; Public Law 107–295,
116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1. In
addition to this notice in the Federal
Register, the Coast Guard will provide
the maritime community with advance
notification of this enforcement period
via Local Notice to Mariners and Marine
Information Broadcasts.
If the Captain of the Port Ohio Valley
or Patrol Commander determines that
the Safety Zone need not be enforced for
the full duration stated in this notice of
enforcement, he or she may use a
Broadcast Notice to Mariners to grant
general permission to enter the
regulated area.
Dated: August 2, 2013.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the
Port Ohio Valley.
[FR Doc. 2013–21179 Filed 8–29–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2013–0546]
RIN 1625–AA00
Safety Zone; Lake Erie Heritage
Foundation, Battle of Lake Erie
Reenactment; Lake Erie, Put-in-Bay,
OH
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone in
the waters of Lake Erie in the vicinity
SUMMARY:
PO 00000
Frm 00051
Fmt 4700
Sfmt 4700
53675
of Put-In-Bay, OH. This safety zone is
intended to restrict vessels from a
portion of Lake Erie during Battle of
Lake Erie Reenactment near Put-In-Bay.
This temporary safety zone is necessary
to protect people and vessels from the
hazards associated with this event.
DATES: This rule will be effective and
enforced from 8 a.m. until 6 p.m. on
September 2, 2013.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2013–
0546 and are available online by going
to www.regulations.gov, inserting
USCG–2013–0546 in the ‘‘Keyword’’
box, and then clicking ‘‘search.’’ They
are also available for inspection or
copying at the 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,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
final rule, contact or email MST1 Ian M.
Fallon, U.S. Coast Guard Marine Safety
Unit Toledo, at (419) 418–6036 or
Ian.M.Fallon@uscg.mil. If you have
questions on viewing the docket, call
Barbara Hairston, 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
TFR Temporary Final Rule
A. Regulatory History and Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because doing
so would be impracticable and contrary
to the public interest. The details of this
emergent event were not received in
sufficient time for the Coast Guard to
solicit public comments before the start
of the maritime event. Thus, waiting for
a notice and comment period to run
E:\FR\FM\30AUR1.SGM
30AUR1
]]>Agencies
[Federal Register Volume 78, Number 169 (Friday, August 30, 2013)]
[Rules and Regulations]
[Pages 53671-53675]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21171]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. 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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is amending 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. This rule establishes new regulated navigation areas,
modifies certain security zones, and better organizes the regulation.
The amendments will 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.
[[Page 53672]]
DATES: This rule is effective September 30, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0202]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number 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.
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 718-354-4195, email
Jeff.M.Yunker@uscg.mil or Chief Craig Lapiejko, Coast Guard First
District Waterways Management Branch, telephone 617-223-8381, email
Craig.D.Lapiejko@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 Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
SNPRM Supplemental Notice of Proposed Rulemaking
RNA Regulated Navigation Area
UN United Nations
UNGA United Nations General Assembly
A. 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 NPRM.
After publication of the NPRM we 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. On April 19, 2013, we published a supplemental
notice of proposed rulemaking (SNPRM) entitled ``Regulated Navigation
Areas, Security Zones: Dignitary Arrival/Departure and United Nations
Meetings, New York, NY in the Federal Register (78 FR 23515). We
received one comment on the SNPRM.
B. Basis and Purpose
The legal basis for the proposed rule is 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; and Department of Homeland Security Delegation No.
0170.1, which collectively authorize the Coast Guard to establish RNAs
and 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.
This regulation carries out three related actions: (1) Establishes
new regulated navigation areas in the waters near the United Nations
(UN) during UN visits by international leaders; (2) revises the Wall
Street Heliport security zone to identify the northern boundary of the
security zone on the Manhattan shoreline at Wall Street, which is
necessary due to the removal of Pier 13 that is currently referenced in
33 CFR 165.164(a)(1); and (3) revises the United Nations security zone
to clarify enforcement times for the security zone, provide a more
detailed description of the security zone, and provide a better
understanding of the transit restrictions that would be enacted.
C. Discussion of Comments, Changes and the Final Rule
After publication of the SNPRM in the Federal Register (78 FR
23515) the National Oceanic and Atmospheric Administration (NOAA)
submitted a comment recommending that 33 CFR 165.164(a)(4) be revised
to state the United Nations Security Zone extends about 180 yards
offshore of Manhattan instead of the currently published 175 yards.
This recommendation only changes the description of the security zone's
boundaries without changing its geographical coordinates. The Coast
Guard agrees and has made this change to the final rule.
The Coast Guard is 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 amendments are substantively similar
to the proposals contained in our 2012 NPRM, but we are reorganizing
and making a non-substantive revision of Sec. 165.164, and we are
redesignating three existing 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 are
designating 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 will 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 are reorganizing Sec. 165.164 and adding descriptive
designations to name each of the several locations covered by that
regulation.
We are revising Sec. 165.164(a)(1) relating to the Wall Street
Heliport. We are removing a reference to Pier 13, which no longer
exists, but otherwise the boundaries of the designated area will not
change. The existing security zone is now designated a regulated
navigation area.
We are adding a new Sec. 165.164(a)(2) and establishing an RNA on
the waters of the East River and Bronx Kill in the vicinity of Randalls
and Wards Islands. The RNA is approximately 2,150 yards long and 860
yards wide, and encompasses approximately 0.21 square nautical miles.
It will be enforced from 30 minutes before a dignitary's arrival until
15 minutes after the dignitary's departure from the area.
We are making no changes to Sec. 165.164(a)(3), other than to
designate it as the Marine Air Terminal, La Guardia Airport Security
Zone.
We are designating the security zone created by Sec. 165.164(a)(4)
as the United Nations Security Zone, and we are rewording the
description of this zone's boundaries for clarity, without changing its
geographical coordinates. In new paragraph (d), we state that this zone
is in force at all times.
We are 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) is addressed in new paragraph (d). When enforced, the UN Full
River Closure RNA will fully close the East River to vessel traffic
within its boundaries. We are creating a new security zone in paragraph
(a)(5), to be designated the United Nations West Channel Closure
Security Zone. When in force, it will close only a portion of the
western channel of the river. Vessels
[[Page 53673]]
capable of transiting the shallower waters of the eastern channel can
do so.
The content of existing paragraph (a)(7) is addressed in new
paragraph (d).
We are adding a new Sec. 165.164(b) to define terms used in the
regulation. The content of existing paragraph (b) is being moved to
paragraph (c).
We are adding a new Sec. 165.164(d) to describe how and when each
regulated navigation area or security zone will be enforced, and how
the public will be notified that enforcement is in effect.
Finally, we are 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.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This 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 will
be restricted from the Randalls and Wards Islands RNA. The RNA will 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
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received zero comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
This rule will affect the following entities, some of which 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 RNAs 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 will 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.
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 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.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This 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 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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will 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 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
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
[[Page 53674]]
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this 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 determined
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 involves the establishment of an RNA and
revisions to current RNAs and security zones. This rule is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS 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[min]01[sec] N, 074[deg]00[min]39[sec] W (east of The
Battery) to 40[deg]41[min]36[sec] N, 074[deg]00[min]52[sec] 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[min]14.8[sec] N,
074[deg]00[min]20.3[sec] 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[min]27.12[sec] N,
073[deg]54[min]35.14[sec] W (Lawrence Point, Queens) to a point at
approximate position 40[deg]47[min]52.55[sec] N,
073[deg]54[min]35.25[sec] 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[min]47[sec] N, 073[deg]53[min]05[sec] W to the Rikers Island
Bridge at approximate position 40[deg]46[min]51[sec] N,
073[deg]53[min]21[sec] 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[min]36[sec] N, 073[deg]53[min]31[sec]
W (NAD 1983).
(4) United Nations Security Zone. All waters of the East River
bound by the following points: 40[deg]44[min]37[sec] N,
073[deg]58[min]16.5[sec] W (the base of East 35th Street, Manhattan),
then east to 40[deg]44[min]34.5[sec] N, 073[deg]58[min]10.5[sec] W
(about 180 yards offshore of Manhattan), then northeasterly to
40[deg]45[min]29[sec] N, 073[deg]57[min]26.5[sec] W (about 125 yards
offshore of Manhattan at the Queensboro Bridge), then northwesterly to
40[deg]45[min]31[sec] N, 073[deg]57[min]30.5[sec] W (Manhattan
shoreline at the Queensboro Bridge), then southerly along the shoreline
to the starting point at 40[deg]44[min]37[sec] N,
073[deg]58[min]16.5[sec] 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[min]37[sec] N, 073[deg]58[min]16.5[sec] W (the base of East
35th Street, Manhattan), to approximate position
40[deg]44[min]31.04[sec] N, 073[deg]58[min]03.10[sec] W (approximately
400 yards east of the Manhattan shoreline), all waters west of a line
drawn from approximate position 40[deg]44[min]31.04[sec] N,
073[deg]58[min]03.10[sec] W (approximately 400 yards east of the
Manhattan shoreline), to the southern tip of Roosevelt Island at
approximate position 40[deg]44[min]57.96[sec] N,
073[deg]57[min]41.57[sec] 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[min]37[sec] N, 073[deg]58[min]16.5[sec] W (the base of East
35th Street, Manhattan), to approximate position 40[deg]44[min]23[sec]
N, 073[deg]57[min]44.5[sec] 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
[[Page 53675]]
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 https://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: August 7, 2013.
D.B. Abel,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2013-21171 Filed 8-29-13; 8:45 am]
BILLING CODE 9110-04-P
