Security Zones; Dignitary Arrival/Departure and United Nations Meetings, New York, NY, 78307-78309 [2014-30455]
Download as PDF
Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Rules and Regulations
Dated: December 11, 2014.
J.C. O’Connor III,
Captain, U.S. Coast Guard, Captain of the
Port Boston.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Table of Acronyms
[Docket Number USCG–2013–1009]
COTP Captain of the Port New York
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
RIN 1625–AA87
A. Regulatory History and Information
DEPARTMENT OF HOMELAND
SECURITY
Safety Zones; Captain of the Port
Boston Fireworks Display Zone,
Boston Harbor, Boston, MA
Coast Guard
Coast Guard, DHS.
ACTION: Notice of enforcement of
regulation.
AGENCY:
33 CFR Part 165
The Coast Guard will enforce
a safety zone in the Captain of the Port
Boston Zone on the specified date and
time listed below. This action is
necessary to ensure the protection of the
maritime public and event participants
from the hazards associated with this
annual recurring event.
DATES: The regulation for the safety
zone described in 33 CFR 165.119(a)(2)
will be enforced from 11:30 p.m.
Wednesday, December 31, 2014 to 12:30
a.m. Thursday January 1, 2015.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice, call
or email Mr. Mark Cutter, Coast Guard
Sector Boston Waterways Management
Division, telephone 617–223–4000,
email Mark.E.Cutter@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the safety zone listed
in 33 CFR 165.119(a)(2); Long Wharf
Safety Zone. All U.S. navigable waters
of Boston inner Harbor within a 700-foot
radius of the fireworks barge in
approximate position 42°21′41.2″ N
071°02′36.5″ W (NAD 1983), located off
of Long Wharf, Boston MA. This
regulation was published in the Federal
Register on May 12, 2014 (79 FR 26846).
Under the provisions of 33 CFR
165.119, no person or vessel, except for
the safety vessels assisting with the
event may enter the safety zone unless
given permission from the COTP or the
designated on-scene representative. The
Coast Guard may be assisted by other
Federal, State, or local law enforcement
agencies in enforcing this regulation.
This notice is issued under authority
of 33 CFR 165.119 and 5 U.S.C. 552 (a).
In addition to this notice in the Federal
Register, the Coast Guard will provide
mariners with advanced notification of
enforcement periods via the Local
Notice to Mariners and Broadcast Notice
to Mariners.
If the COTP determines that the
regulated area need not be enforced for
the full duration stated in this notice, a
Broadcast Notice to Mariners may be
used to grant general permission to
enter the regulated area.
SUMMARY:
tkelley on DSK3SPTVN1PROD with RULES
SUPPLEMENTARY INFORMATION:
BILLING CODE 9110–04–P
[Docket No. USCG–2014–1041]
17:00 Dec 29, 2014
Collins, Program Manager, Docket
Operations, telephone (202) 366–9826.
[FR Doc. 2014–30458 Filed 12–29–14; 8:45 am]
33 CFR Part 165
VerDate Sep<11>2014
78307
Jkt 235001
Security Zones; Dignitary Arrival/
Departure and United Nations
Meetings, New York, NY
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is amending
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 is also disestablishing
these three RNAs. The three 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: This rule is effective January 29,
2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2013–1009]. 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, Waterways
Management Division, Coast Guard
Sector New York; telephone (718) 354–
4195, email Jeff.M.Yunker@uscg.mil or
Lieutenant Commander 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
SUMMARY:
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
On September 29, 2014 we published
a Notice of Proposed Rulemaking
(NPRM) with a request for comments
entitled, ‘‘Security Zones; Dignitary
Arrival/Departure and United Nations
Meetings, New York, NY’’ in the
Federal Register (79 FR 58298). We
received no comments on the NPRM.
We received no requests for a public
meeting.
B. 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 was to protect
dignitaries, such as the President of the
United States, who visit the United
Nations. Although these RNAs served
their intended purpose, the Coast Guard
is replacing them with security zones to
best communicate the federal
government’s security posture in these
particular water areas.
C. Discussion of Comments, Changes
and the Final Rule
We received no comments in response
to the proposed rule and the final rule
is being published without change.
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.
E:\FR\FM\30DER1.SGM
30DER1
78308
Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Rules and Regulations
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 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 have not made any
changes to the size, boundaries, or
enforcement duration of these 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 received no 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 determination is based on the
fact that the RNAs are simply being
designated as security zones as the more
appropriate means to regulate the
movement of vessels or individuals in
the areas. We are not making any
changes to the size, boundaries, or
enforcement duration of the security
zones.
3. 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).
tkelley on DSK3SPTVN1PROD with RULES
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
17:00 Dec 29, 2014
Jkt 235001
5. 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.
6. 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.
7. 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.
8. 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.
9. Protection of Children From
Environmental Health Risks
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.
10. Indian Tribal Governments
4. Federalism
VerDate Sep<11>2014
determined that this rule does not have
implications for federalism.
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
11. 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.
12. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
13. 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
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. 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.
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:
■
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
E:\FR\FM\30DER1.SGM
30DER1
tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Rules and Regulations
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: 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, LaGuardia
Airport Security Zone: All waters of
Bowery Bay, Queens, New York, south
of a line drawn from the western end of
LaGuardia 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 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
VerDate Sep<11>2014
17:00 Dec 29, 2014
Jkt 235001
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. A 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, or a 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 COTP,
or a 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.
(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
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
78309
time and duration of any enforcement
period. The COTP may also notify the
public about enforcement of these
security zones via https://
homeport.uscg.mil/newyork.
(f) Contact information. Vessel
operators desiring to enter or operate
within a security zone shall telephone
the COTP at 718–354–4356 or a
designated representative via VHF
channel 16 to obtain permission to do
so.
Dated: November 15, 2014.
L.L. Fagan,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2014–30455 Filed 12–29–14; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2014–0602; FRL–9921–08–
Region–7]
Approval and Promulgation of Air
Quality Implementation Plans;
Missouri; Withdrawal of Direct Final
Rule, Controlling Emissions During
Episodes of High Air Pollution
Potential
Environmental Protection
Agency.
ACTION: Withdrawal of direct final rule.
AGENCY:
Due to an adverse comment,
the Environmental Protection Agency
(EPA) is withdrawing the direct final
rule to approve a revision submitted by
the State of Missouri and received by
EPA on December 17, 2013, pertaining
to Missouri’s rule ‘‘Controlling
Emissions During Episodes of High Air
Pollution Potential.’’ In the direct final
rule published on November 4, 2014 (79
FR 65346), we stated that if we received
adverse comment by December 4, 2014,
the rule would be withdrawn and not
take effect. EPA subsequently received
an adverse comment. EPA will address
the comment received in a subsequent
final action based upon the proposed
action also published on November 4,
2014, (79 FR 65362). EPA will not
institute a second comment period on
this action.
DATES: The direct final rule published at
79 FR 65346, November 4, 2014, is
withdrawn effective December 30, 2014.
FOR FURTHER INFORMATION CONTACT:
Amy Bhesania, Environmental
Protection Agency, Air Planning and
Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219, at
SUMMARY:
E:\FR\FM\30DER1.SGM
30DER1
Agencies
[Federal Register Volume 79, Number 249 (Tuesday, December 30, 2014)]
[Rules and Regulations]
[Pages 78307-78309]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-30455]
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is amending 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 is also
disestablishing these three RNAs. The three 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: This rule is effective January 29, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-1009]. 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, Waterways Management Division, Coast
Guard Sector New York; telephone (718) 354-4195, email
Jeff.M.Yunker@uscg.mil or Lieutenant Commander 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
COTP Captain of the Port New York
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. Regulatory History and Information
On September 29, 2014 we published a Notice of Proposed Rulemaking
(NPRM) with a request for comments entitled, ``Security Zones;
Dignitary Arrival/Departure and United Nations Meetings, New York, NY''
in the Federal Register (79 FR 58298). We received no comments on the
NPRM. We received no requests for a public meeting.
B. 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 was to protect dignitaries,
such as the President of the United States, who visit the United
Nations. Although these RNAs served their intended purpose, the Coast
Guard is replacing them with security zones to best communicate the
federal government's security posture in these particular water areas.
C. Discussion of Comments, Changes and the Final Rule
We received no comments in response to the proposed rule and the
final rule is being published without change.
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.
[[Page 78308]]
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 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 have not made any changes to the size,
boundaries, or enforcement duration of these 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 received no 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 determination is based on the fact that the RNAs are simply
being designated as security zones as the more appropriate means to
regulate the movement of vessels or individuals in the areas. We are
not making any changes to the size, boundaries, or enforcement duration
of the security zones.
3. 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).
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. Protection of Children From Environmental Health Risks
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.
10. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
11. 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.
12. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
13. 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 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. 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.
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 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
[[Page 78309]]
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: 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, LaGuardia Airport Security Zone: All
waters of Bowery Bay, Queens, New York, south of a line drawn from the
western end of LaGuardia Airport at approximate position 40[deg]46'47''
N, 073[deg]53'05'' W to the Rikers Island Bridge at approximate
position 40[deg]46'51'' N, 073[deg]53'21'' W and east of a line drawn
between the point at the Rikers Island Bridge to a point on the shore
in Queens, New York, at approximate position 40[deg]46'36'' N,
073[deg]53'31'' W (NAD 1983).
(4) United Nations 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. A 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, or a 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 COTP, or a
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.
(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 may also
notify the public about enforcement of these security zones via https://homeport.uscg.mil/newyork.
(f) Contact information. Vessel operators desiring to enter or
operate within a security zone shall telephone the COTP at 718-354-4356
or a designated representative via VHF channel 16 to obtain permission
to do so.
Dated: November 15, 2014.
L.L. Fagan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2014-30455 Filed 12-29-14; 8:45 am]
BILLING CODE 9110-04-P