Security Zones; Dignitary Arrival/Departure and United Nations Meetings, New York, NY, 58298-58301 [2014-23171]
Download as PDF
<![CDATA[
58298
Federal Register / Vol. 79, No. 188 / Monday, September 29, 2014 / Proposed Rules
(r) Alternative Methods of Compliance
(AMOCs)
DEPARTMENT OF HOMELAND
SECURITY
(1) The Manager, Seattle Aircraft
Certification Office (ACO), FAA, has the
authority to approve AMOCs for this AD, if
requested using the procedures found in 14
CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector
or local Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the ACO, send it to the
attention of the person identified in
paragraph (s)(1) of this AD. Information may
be emailed to 9-ANM-Seattle-ACO-AMOCRequests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair
required by this AD if it is approved by the
Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has
been authorized by the Manager, Seattle
ACO, to make those findings. For a repair
method to be approved, the repair must meet
the certification basis of the airplane, and the
approval must specifically refer to this AD.
(4) AMOCs approved previously in
accordance with AD 2003–13–01,
Amendment 39–13201 (68 FR 37402, June
24, 2003), are approved as AMOCs for the
corresponding provisions of paragraphs (g),
(h), and (i) of this AD.
(s) Related Information
tkelley on DSK3SPTVN1PROD with PROPOSALS
(1) For more information about this AD,
contact Berhane Alazar, Aerospace Engineer,
Airframe Branch, ANM–120S, FAA, Seattle
Aircraft Certification Office, 1601 Lind
Avenue SW., Renton, WA 98057–3356;
phone: 425–917–6577; fax: 425–917–6590;
email: berhane.alazar@faa.gov.
(2) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H–65,
Seattle, WA 98124–2207; telephone 206–
544–5000, extension 1; fax 206–766–5680;
Internet https://www.myboeingfleet.com. You
may view copies of the referenced service
information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton,
WA. For information on the availability of
this material at the FAA, call 425–227–1221.
Issued in Renton, Washington, on
September 19, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2014–23138 Filed 9–26–14; 8:45 am]
BILLING CODE 4910–13–P
VerDate Sep<11>2014
16:17 Sep 26, 2014
Jkt 232001
Coast Guard
33 CFR Part 165
[Docket Number USCG–2013–1009]
RIN 1625–AA87
Security Zones; Dignitary Arrival/
Departure and United Nations
Meetings, New York, NY
Coast Guard, DHS.
Notice of Proposed Rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
amend 33 CFR 165.164 by establishing
three security zones to replace the three
regulated navigation areas (RNAs)
currently contained within this section.
The Coast Guard also proposes to
disestablish these three RNAs. The three
proposed security zones, just like the
RNAs they replace, are meant to
promote public safety and to protect
dignitaries who visit the United Nations
in New York, NY.
DATES: Comments and related material
must be received by the Coast Guard on
or before October 29, 2014.
Requests for public meetings must be
received by the Coast Guard on or before
October 6, 2014.
ADDRESSES: You may submit comments
identified by docket number using any
one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Jeff Yunker, Coast Guard
Sector New York, Waterways
Management Division; telephone (718)
354–4195, email Jeff.M.Yunker@
uscg.mil or Lieutenant Myles Greenway,
Coast Guard First District Waterways
Management Branch, telephone (617)
223–8385, email Myles.J.Greenway@
uscg.mil. If you have questions on
SUMMARY:
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
viewing or submitting material to the
docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone
(202) 366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
MOA Memorandum of Agreement
NPRM Notice of Proposed Rulemaking
RNA Regulated Navigation Area
SNPRM Supplemental Notice of Proposed
Rulemaking
UN United Nations
UNGA United Nations General Assembly
USSS United States Secret Service
A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking, indicate the specific section
of this document to which each
comment applies, and provide a reason
for each suggestion or recommendation.
You may submit your comments and
material online at https://
www.regulations.gov, or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online, it will be considered
received by the Coast Guard when you
successfully transmit the comment. If
you fax, hand deliver, or mail your
comment, it will be considered as
having been received by the Coast
Guard when it is received at the Docket
Management Facility. We recommend
that you include your name and a
mailing address, an email address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number [USCG–2013–1009] in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
E:\FR\FM\29SEP1.SGM
29SEP1
Federal Register / Vol. 79, No. 188 / Monday, September 29, 2014 / Proposed Rules
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number (USCG–2013–1009) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
3. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
tkelley on DSK3SPTVN1PROD with PROPOSALS
4. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one on or before October 6, 2014,
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 August 30, 2013, we published a
final rule entitled ‘‘Regulated
Navigation Areas, Security Zones:
Dignitary Arrival/Departure and United
Nations Meetings, New York, NY in the
Federal Register (78 FR 53671). In so
doing, the Coast Guard, among other
things, established within 33 CFR
165.164 three RNAs on the waters of the
East River and Bronx Kill, in the
vicinity of Wall Street Heliport,
Randalls and Wards Islands, and the
United Nations Building, New York.
C. Basis and Purpose
The legal basis for this 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; Public
Law 107–295, 116 Stat. 2064; and
VerDate Sep<11>2014
16:17 Sep 26, 2014
Jkt 232001
Department of Homeland Security
Delegation No. 0170.1, which
collectively authorize the Coast Guard
to define security zones.
As mentioned above, the Coast Guard
previously established three RNAs on
the waters of the East River and Bronx
Kill, near Wall Street Heliport, Randalls
and Wards Islands, and the United
Nations Building. The primary purpose
of these three RNAs is to protect
dignitaries, such as the President of the
United States, who visit the United
Nations. Although these RNAs serve
their intended purpose, the Coast Guard
proposes to replace them with security
zones to best communicate the federal
government’s security posture in these
particular water areas.
D. Discussion of Proposed Rule
For the reasons discussed in the
previous paragraph, the Coast Guard
proposes to amend 33 CFR 165.164 by
establishing three security zones to
replace the three RNAs that currently
exist in that section. Specifically, the
Coast Guard proposes to establish a
security zone at 33 CFR 165.164(a)(1),
(a)(2), and (a)(6) in place of the RNAs
currently described in those same three
subparagraphs. Because these proposed
security zones will replace the three
RNAs, the Coast Guard also proposes to
disestablish the three RNAs. The size,
location, boundaries, and enforcement
periods for these three proposed
security zones will be identical to the
size, location, boundaries, and
enforcement periods for the existing
RNAs.
This proposed rule would make no
substantive changes to the security
zones described at 33 CFR 165.164(a)(3),
(a)(4), and (a)(5) (respectively, the
‘‘Marine Air Terminal, La Guardia
Airport Security Zone,’’ ‘‘United
Nations Security Zone,’’ and ‘‘United
Nations West Channel Closure Security
Zone’’). As a purely administrative
matter, this proposed rule would re-title
the security zones located at 33 CFR
165.164(a)(4) and (a)(5) to ‘‘United
Nations Manhattan Shoreline’’ and
‘‘United Nations West Channel
Closure,’’ respectively.
This proposed rule would revise 33
CFR 165.164 to contain six security
zones, each with the intended purpose
of protecting dignitaries visiting the
United Nations. One of these security
zones, that located at 33 CFR
165.164(a)(4), would be subject to
enforcement at all times. All others
would be subject to enforcement only
periodically, and the public would be
notified of their enforcement in
accordance with 33 CFR 165.7.
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
58299
E. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes or
executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. This determination is based on
the fact that the RNAs would simply be
designated as security zones as the more
appropriate means to regulate the
movement of vessels or individuals in
the areas. We are not proposing to make
any changes to the size, boundaries, or
enforcement duration of these proposed
security zones.
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 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 determination is based on the
fact that the RNAs would simply be
designated as security zones as the more
appropriate means to regulate the
movement of vessels or individuals in
the areas. We are not proposing to make
any changes to the size, boundaries, or
enforcement duration of the proposed
security zones.
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
E:\FR\FM\29SEP1.SGM
29SEP1
58300
Federal Register / Vol. 79, No. 188 / Monday, September 29, 2014 / Proposed Rules
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
tkelley on DSK3SPTVN1PROD with PROPOSALS
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
16:17 Sep 26, 2014
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
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.
VerDate Sep<11>2014
Constitutionally Protected Property
Rights.
Jkt 232001
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 proposed
rule involves designating three RNAs as
security zones. This rule is categorically
excluded from further review under
paragraph 34(g) of Figure 2–1 of the
Commandant Instruction. A preliminary
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination
will be available in the docket where
indicated under ADDRESSES. We seek
any comments or information that may
lead to the discovery of a significant
environmental impact from this
proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREA
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
■
2. Revise § 165.164 to read as follows:
§ 165.164 Security Zones; Dignitary
Arrival/Departure and United Nations
Meetings, New York, NY.
(a) Location. The following areas are
security zones:
(1) Wall Street Heliport. All waters of
the East River within the following
boundaries: East of a line drawn
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
Security Zone: 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
E:\FR\FM\29SEP1.SGM
29SEP1
tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 188 / Monday, September 29, 2014 / Proposed Rules
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 Manhattan
Shoreline. 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. 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.
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
VerDate Sep<11>2014
16:17 Sep 26, 2014
Jkt 232001
165.33, no person or vessel may enter or
move within a security zone created by
this section while that security zone is
being enforced unless granted
permission to do so by the Coast
Guard’s First District Commander, the
COTP New York, or the designated
representative. Vessel operators and
persons given permission to enter or
operate in a security zone must comply
with all directions given to them by the
First District Commander, the COTP, or
the designated representative. Upon
being hailed by a U.S. Coast Guard or
other duly authorized law enforcement
vessel (e.g. New York City police) 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 Periods. The security
zone described in paragraph (a)(4) of
this section is subject to enforcement at
all times. All other security zones
established by this section will only be
enforced when necessary to protect
dignitaries, as determined by the COTP
New York.
(e) Notification. Because the security
zone described in paragraph (a)(4) of
this section is subject to enforcement at
all times, the Coast Guard will not
necessarily take any action to further
notify the public about the enforcement
of that zone. As for the enforcement
periods for the other security zones
contained herein, the Coast Guard will
rely on the methods described in 33
CFR 165.7 to notify the public of the
time and duration of any enforcement
period. The COTP New York may also
notify the public about enforcement of
these security zones via https://
homeport.uscg.mil/newyorkinformation.
(f) Contact Information. Vessel
operators desiring to enter or operate
within a security zone established by
this section shall telephone the COTP
New York at 718–354–4356 or the
designated representative via VHF
channel 16 to obtain permission to do
so.
Dated: September 16, 2014.
V.B. Gifford,
Captain, U.S. Coast Guard, Acting
Commander, First Coast Guard District.
[FR Doc. 2014–23171 Filed 9–26–14; 8:45 am]
BILLING CODE 9110–04–P
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
58301
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2014–0538; FRL–9915–50–
Region 9]
Revision of Air Quality Implementation
Plan; California; Placer County Air
Pollution Control District; Stationary
Source Permits
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
revision to the Placer County Air
Pollution Control District (PCAPCD)
portion of the California State
Implementation Plan (SIP). This
revision concerns a permitting rule that
regulates construction and
modifications of major stationary
sources of air pollution. The revisions
correct deficiencies in PCAPCD Rule
502, New Source Review, previously
identified by EPA in a final rule dated
September 24, 2013. We are proposing
to approve revisions that correct the
identified deficiencies.
DATES: Any comments must arrive by
October 29, 2014.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2014–0538, by one of the
following methods:
1. Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions.
2. Email: R9airpermits@epa.gov.
3. Mail or deliver: Gerardo Rios (Air3), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at https://www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through https://
www.regulations.gov or email. https://
www.regulations.gov is an ‘‘anonymous
access’’ system, and EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send email
directly to EPA, your email address will
be automatically captured and included
as part of the public comment. If EPA
cannot read your comment due to
technical difficulties and cannot contact
SUMMARY:
E:\FR\FM\29SEP1.SGM
29SEP1
]]>Agencies
[Federal Register Volume 79, Number 188 (Monday, September 29, 2014)]
[Proposed Rules]
[Pages 58298-58301]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23171]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2013-1009]
RIN 1625-AA87
Security Zones; Dignitary Arrival/Departure and United Nations
Meetings, New York, NY
AGENCY: Coast Guard, DHS.
ACTION: Notice of Proposed Rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to amend 33 CFR 165.164 by
establishing three security zones to replace the three regulated
navigation areas (RNAs) currently contained within this section. The
Coast Guard also proposes to disestablish these three RNAs. The three
proposed security zones, just like the RNAs they replace, are meant to
promote public safety and to protect dignitaries who visit the United
Nations in New York, NY.
DATES: Comments and related material must be received by the Coast
Guard on or before October 29, 2014.
Requests for public meetings must be received by the Coast Guard on
or before October 6, 2014.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Jeff Yunker, Coast Guard Sector New York, Waterways
Management Division; telephone (718) 354-4195, email
Jeff.M.Yunker@uscg.mil or Lieutenant Myles Greenway, Coast Guard First
District Waterways Management Branch, telephone (617) 223-8385, email
Myles.J.Greenway@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
MOA Memorandum of Agreement
NPRM Notice of Proposed Rulemaking
RNA Regulated Navigation Area
SNPRM Supplemental Notice of Proposed Rulemaking
UN United Nations
UNGA United Nations General Assembly
USSS United States Secret Service
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
https://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
type the docket number [USCG-2013-1009] 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
[[Page 58299]]
postcard or envelope. We will consider all comments and material
received during the comment period and may change the rule based on
your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
type the docket number (USCG-2013-1009) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before October 6, 2014, 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 August 30, 2013, we published a final rule entitled ``Regulated
Navigation Areas, Security Zones: Dignitary Arrival/Departure and
United Nations Meetings, New York, NY in the Federal Register (78 FR
53671). In so doing, the Coast Guard, among other things, established
within 33 CFR 165.164 three RNAs on the waters of the East River and
Bronx Kill, in the vicinity of Wall Street Heliport, Randalls and Wards
Islands, and the United Nations Building, New York.
C. Basis and Purpose
The legal basis for this 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; Public Law 107-295, 116 Stat. 2064; and Department of Homeland
Security Delegation No. 0170.1, which collectively authorize the Coast
Guard to define security zones.
As mentioned above, the Coast Guard previously established three
RNAs on the waters of the East River and Bronx Kill, near Wall Street
Heliport, Randalls and Wards Islands, and the United Nations Building.
The primary purpose of these three RNAs is to protect dignitaries, such
as the President of the United States, who visit the United Nations.
Although these RNAs serve their intended purpose, the Coast Guard
proposes to replace them with security zones to best communicate the
federal government's security posture in these particular water areas.
D. Discussion of Proposed Rule
For the reasons discussed in the previous paragraph, the Coast
Guard proposes to amend 33 CFR 165.164 by establishing three security
zones to replace the three RNAs that currently exist in that section.
Specifically, the Coast Guard proposes to establish a security zone at
33 CFR 165.164(a)(1), (a)(2), and (a)(6) in place of the RNAs currently
described in those same three subparagraphs. Because these proposed
security zones will replace the three RNAs, the Coast Guard also
proposes to disestablish the three RNAs. The size, location,
boundaries, and enforcement periods for these three proposed security
zones will be identical to the size, location, boundaries, and
enforcement periods for the existing RNAs.
This proposed rule would make no substantive changes to the
security zones described at 33 CFR 165.164(a)(3), (a)(4), and (a)(5)
(respectively, the ``Marine Air Terminal, La Guardia Airport Security
Zone,'' ``United Nations Security Zone,'' and ``United Nations West
Channel Closure Security Zone''). As a purely administrative matter,
this proposed rule would re-title the security zones located at 33 CFR
165.164(a)(4) and (a)(5) to ``United Nations Manhattan Shoreline'' and
``United Nations West Channel Closure,'' respectively.
This proposed rule would revise 33 CFR 165.164 to contain six
security zones, each with the intended purpose of protecting
dignitaries visiting the United Nations. One of these security zones,
that located at 33 CFR 165.164(a)(4), would be subject to enforcement
at all times. All others would be subject to enforcement only
periodically, and the public would be notified of their enforcement in
accordance with 33 CFR 165.7.
E. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This determination is
based on the fact that the RNAs would simply be designated as security
zones as the more appropriate means to regulate the movement of vessels
or individuals in the areas. We are not proposing to make any changes
to the size, boundaries, or enforcement duration of these proposed
security zones.
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 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 determination is based on the fact that the RNAs would simply
be designated as security zones as the more appropriate means to
regulate the movement of vessels or individuals in the areas. We are
not proposing to make any changes to the size, boundaries, or
enforcement duration of the proposed security zones.
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
[[Page 58300]]
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 proposed rule
involves designating three RNAs as security zones. This rule is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. A preliminary environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination 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 Security Zones; Dignitary Arrival/Departure and United
Nations Meetings, New York, NY.
(a) Location. The following areas are security zones:
(1) Wall Street Heliport. All waters of the East River within the
following boundaries: East of a line drawn 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 Security Zone: 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
[[Page 58301]]
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 Manhattan Shoreline. 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 180 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. All waters of the East
River north of a line drawn from approximate position 40[deg]44'37'' N,
073[deg]58'16.5'' W (the base of East 35th Street, Manhattan), to
approximate position 40[deg]44'31.04'' N, 073[deg]58'03.10'' W
(approximately 400 yards east of the Manhattan shoreline), all waters
west of a line drawn from approximate position 40[deg]44'31.04'' N,
073[deg]58'03.10'' W (approximately 400 yards east of the Manhattan
shoreline), to the southern tip of Roosevelt Island at approximate
position 40[deg]44'57.96'' N, 073[deg]57'41.57'' W, then along the
western shoreline of Roosevelt Island to the Queensboro Bridge, and all
waters south of the Queensboro Bridge (NAD 1983).
(6) United Nations Full River Closure. All waters of the East River
north of a line drawn from approximate position 40[deg]44'37'' N,
073[deg]58'16.5'' W (the base of East 35th Street, Manhattan), to
approximate position 40[deg]44'23'' N, 073[deg]57'44.5'' W (Hunters
Point, Long Island City), and south of the Queensboro Bridge (NAD
1983).
(b) Definitions. As used in this section--
Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been designated by the COTP to act on
the COTP's behalf. The designated representative may be on a Coast
Guard vessel, or onboard a federal, state, or local agency vessel that
is authorized to act in support of the Coast Guard.
Dignitary means the President or Vice President of the United
States, or visiting heads of foreign states or governments.
(c) Regulations. In accordance with the general regulations in 33
CFR 165.33, no person or vessel may enter or move within a security
zone created by this section while that security zone is being enforced
unless granted permission to do so by the Coast Guard's First District
Commander, the COTP New York, or the designated representative. Vessel
operators and persons given permission to enter or operate in a
security zone must comply with all directions given to them by the
First District Commander, the COTP, or the designated representative.
Upon being hailed by a U.S. Coast Guard or other duly authorized law
enforcement vessel (e.g. New York City police) 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 Periods. The security zone described in paragraph
(a)(4) of this section is subject to enforcement at all times. All
other security zones established by this section will only be enforced
when necessary to protect dignitaries, as determined by the COTP New
York.
(e) Notification. Because the security zone described in paragraph
(a)(4) of this section is subject to enforcement at all times, the
Coast Guard will not necessarily take any action to further notify the
public about the enforcement of that zone. As for the enforcement
periods for the other security zones contained herein, the Coast Guard
will rely on the methods described in 33 CFR 165.7 to notify the public
of the time and duration of any enforcement period. The COTP New York
may also notify the public about enforcement of these security zones
via https://homeport.uscg.mil/newyorkinformation.
(f) Contact Information. Vessel operators desiring to enter or
operate within a security zone established by this section shall
telephone the COTP New York at 718-354-4356 or the designated
representative via VHF channel 16 to obtain permission to do so.
Dated: September 16, 2014.
V.B. Gifford,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 2014-23171 Filed 9-26-14; 8:45 am]
BILLING CODE 9110-04-P
