Safety and Security Zones; New York Marine Inspection and Captain of the Port Zone, 17513-17516 [2018-08323]
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Federal Register / Vol. 83, No. 77 / Friday, April 20, 2018 / Proposed Rules
comments a self-addressed, stamped
postcard on which the following
statement is made: ‘‘Comments to
Docket No. FAA–2018–0290; Airspace
Docket No. 18–AGL–9.’’ The postcard
will be date/time stamped and returned
to the commenter.
All communications received before
the specified closing date for comments
will be considered before taking action
on the proposed rule. The proposal
contained in this notice may be changed
in light of the comments received. A
report summarizing each substantive
public contact with FAA personnel
concerned with this rulemaking will be
filed in the docket.
NDB extending from the 6.4-mile radius
to 7.0 miles west of the NDB. The
geographic coordinates of the airport
would also be updated to coincide with
the FAA’s aeronautical database.
This action is necessary due to an
airspace review caused by the
decommissioning of the Richmond VOR
as part of the VOR MON Program.
Class E airspace designations are
published in paragraph 6005 of FAA
Order 7400.11B, dated August 3, 2017,
and effective September 15, 2017, which
is incorporated by reference in 14 CFR
71.1. The Class E airspace designation
listed in this document will be
published subsequently in the Order.
Availability of NPRMs
An electronic copy of this document
may be downloaded through the
internet at https://www.regulations.gov.
Recently published rulemaking
documents can also be accessed through
the FAA’s web page at https://
www.faa.gov/air_traffic/publications/
airspace_amendments/.
You may review the public docket
containing the proposal, any comments
received, and any final disposition in
person in the Dockets Office (see the
ADDRESSES section for the address and
phone number) between 9:00 a.m. and
5:00 p.m., Monday through Friday,
except federal holidays. An informal
docket may also be examined during
normal business hours at the Federal
Aviation Administration, Air Traffic
Organization, Central Service Center,
Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX
76177.
Regulatory Notices and Analyses
sradovich on DSK3GMQ082PROD with PROPOSALS
Availability and Summary of
Documents for Incorporation by
Reference
This document proposes to amend
FAA Order 7400.11B, Airspace
Designations and Reporting Points,
dated August 3, 2017, and effective
September 15, 2017. FAA Order
7400.11B is publicly available as listed
in the ADDRESSES section of this
document. FAA Order 7400.11B lists
Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting
points.
The Proposal
The FAA is proposing an amendment
to Title 14, Code of Federal Regulations
(14 CFR) part 71 by amending the Class
E airspace extending upward from 700
feet above the surface to within a 6.4mile radius (decreased from a 7-mile
radius) at New Castle-Henry County
Municipal Airport, New Castle, IN, and
adding an extension 2.5 miles each side
of the 267° bearing from the New Castle
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The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current, is non-controversial and
unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this rule, when
promulgated, will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11B,
Airspace Designations and Reporting
Points, dated August 3, 2017, and
effective September 15, 2017, is
amended as follows:
■
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
*
*
*
*
AGL IN E5 New Castle, IN [Amended]
New Castle-Henry County Municipal Airport,
IN
(Lat. 39°52′36″ N, long. 85°19′31″ W)
New Castle NDB
(Lat. 39°52′48″ N, long. 85°19′08″ W)
That airspace extending upward from 700
feet above the surface within a 6.4-mile
radius of New Castle-Henry County
Municipal Airport, and within 2.5 miles each
side of the 267° bearing from the New Castle
NDB extending from the 6.4-mile radius to
7.0 miles west of the New Castle NDB.
Issued in Fort Worth, Texas, on April 11,
2018.
Christopher L. Southerland,
Acting Manager, Operations Support Group,
ATO Central Service Center.
[FR Doc. 2018–08034 Filed 4–19–18; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
Environmental Review
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1F,
‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
[Docket Number USCG–2016–0799]
List of Subjects in 14 CFR Part 71
AGENCY:
Airspace, Incorporation by reference,
Navigation (air).
ACTION:
The Proposed Amendment
Accordingly, pursuant to the
authority delegated to me, the Federal
Aviation Administration proposes to
amend 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
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RIN 1625–AA87
Safety and Security Zones; New York
Marine Inspection and Captain of the
Port Zone
Coast Guard, DHS.
Notice of proposed rulemaking.
The Coast Guard proposes to
modify the security zone surrounding
the bridge between Liberty State Park
and Ellis Island in order to increase
navigational safety in New York Harbor.
This security zone modification would
allow certain vessels to transit
underneath the bridge, reducing
congestion in the adjacent Anchorage
Channel. We invite your comments on
this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before May 21, 2018.
SUMMARY:
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You may submit comments
identified by docket number USCG–
2016–0799 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this proposed
rulemaking, call or email MST1 Kristina
Pundt, Waterways Management at U.S.
Coast Guard Sector New York,
telephone 718–354–4352, email
Kristina.H.Pundt@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Table of Abbreviations
sradovich on DSK3GMQ082PROD with PROPOSALS
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
ANPRM Advance notice of proposed
rulemaking
§ Section
U.S.C. United States Code
COTP Captain of the Port
II. Background, Purpose, and Legal
Basis
On November 27, 2002, the Coast
Guard published a NPRM entitled,
‘‘Safety and Security Zones; New York
Marine Inspection and Captain of the
Port Zone’’ in the Federal Register (67
FR 70892). The NPRM proposed to
establish a permanent safety and
security zone encompassing all waters
within 150 yards of Liberty Island, Ellis
Island, and the bridge between Liberty
State Park and Ellis Island. We received
no comments on the proposed rule. No
public hearing was requested and none
was held. The current 150-yard
permanent security zone around the
bridge between Liberty State Park and
Ellis Island became effective in January
2003 as enacted by a final rule entitled,
‘‘Safety and Security Zones; New York
Marine Inspection Zone and Captain of
the Port Zone’’ published in the Federal
Register (68 FR 2886, January 22, 2003).
On May 6, 2008, the Coast Guard
published a NPRM entitled, ‘‘Safety and
Security Zones; New York Marine
Inspection Zone and Captain of the
Port’’ in the Federal Register (73 FR
24889). The NPRM proposed to modify
several aspects of the permanent safety
and security zone regulations within the
New York Captain of the Port Zone. We
received 15 comments regarding the
proposed rule. A public meeting was
requested to discuss the proposed
expansion of the Liberty and Ellis Island
security zone to include all waters
within 400 yards of these two islands
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and the bridge between Liberty State
Park and Ellis Island. On February 12,
2009, the Coast Guard published a final
rule entitled, ‘‘Safety and Security
Zones New York Marine Inspection
Zone and Captain of the Port Zone’’ in
the Federal Register (74 FR 7184).
However, based on the comments
received, the Coast Guard did not
expand the Liberty and Ellis Island
security zone. As a result, a public
meeting was unnecessary and the
security zone remained 150 yards.
On November 3, 2016, the Coast
Guard published an ANPRM entitled,
‘‘Safety and Security Zones; New York
Marine Inspection and Captain of the
Port Zone’’ in the Federal Register (81
FR 76545). The ANPRM solicited public
comments on a potential rulemaking to
modify the existing security zone
around the bridge between Liberty State
Park and Ellis Island. We received 125
comments regarding the advance notice
of proposed rulemaking. Out of the 125
comments received, 123 comments were
in support of modifying the existing
security zone around the bridge between
Liberty State Park and Ellis Island,
almost all of which emphasized
improving navigation safety. The
opposed comment, provided by the
National Park Service, expressed
security concerns regarding Ellis and
Liberty Islands due to their historical
symbolism. The singular neutral
comment received was unclear as to the
commenter’s view on the proposed
security zone modification. The
comment addressed the federal job
hiring process and stated that all
security zones should be eliminated,
both of which are outside the purview
of this rulemaking.
The purpose of this rulemaking is to
modify the existing security zone to
allow certain vessels to transit
underneath the bridge between Liberty
State Park and Ellis Island. This security
zone modification will increase the
navigational safety within New York
Harbor by reducing congestion in the
adjacent Anchorage Channel. The Coast
Guard proposes this rulemaking under
authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
The COTP proposes to modify the
existing security zone around Liberty
Island and Ellis Island and the bridge
between Ellis Island and Liberty State
Park. This does not relinquish the COTP
authority to enforce the full 150 yard
security zone around the bridge. Rather,
the modification would allow certain
vessels to transit underneath the Ellis
Island Bridge on weekends and
Federally Observed Holidays, beginning
on Memorial Day Weekend through
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October 1, between one hour after
sunrise and one hour before sunset.
Vessels making this transit (a) must be
able to safely navigate underneath the
bridge, (b) be human powered watercraft
and (c) meet the horizontal and vertical
navigational bridge clearances. The
proposed regulatory text appears at the
end of this document.
IV. Regulatory Analyses
The Coast Guard developed this
proposed rule after considering
numerous statutes and Executive Orders
related to rulemaking. Below is a
summary of our analyses based on a
number of these statutes and Executive
Orders and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the proposed modification
and will allow greater access to a
previously restricted area. Prior to the
establishment of the security zone in
2003, small watercraft routinely
transited underneath the Ellis Island
Bridge. Since the enactment of the 2003
security zone, these craft have been
diverted into the busy navigation
channel east of Ellis Island. Although
the current regulation allows vessels to
transit under the Ellis Island Bridge
with COTP permission, this
modification grants standing COTP
approval for certain vessels to transit
underneath the bridge during specific
time periods. Thus, this modification
would lessen the regulatory burden on
these vessels by allowing transit through
the security zone without needing to
seek prior COTP permission. Moreover,
the Coast Guard would make the boating
public aware of this modification
through publication in the Local Notice
to Mariners.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
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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 would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the security
zone may be small entities, for the
reasons stated in section IV.A. above
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
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.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section. 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.
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C. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this proposed rule under that
Order and have determined that it is
consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
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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.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section.
E. 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.
F. 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 (42
U.S.C. 4321–4370f), and have made a
preliminary determination that this
action is one of a category of actions that
do not individually or cumulatively
have a significant effect on the human
environment. This proposed rule
involves the modification of a security
zone surrounding the bridge between
Liberty State Park and Ellis Island.
Normally such actions are categorically
excluded from further review under
paragraph L60(b) of Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 01. A preliminary Record
of Environmental Consideration
supporting this determination is
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.
G. 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
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17515
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. 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.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
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
AREAS.
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1
2. In § 165.169, revise paragraph (a)(4)
to read as follows:
■
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DEPARTMENT OF EDUCATION
(a) * * *
(4) Liberty and Ellis Islands.
(i) Location. All waters within 150 yards
of Liberty Island and Ellis Island, and
the Ellis Island Bridge.
(ii) Ellis Island Bridge. Vessels may
transit underneath the Ellis Island
Bridge, subject to the following
conditions:
(A) Dates/Times: On weekends only,
to include Federally Observed Holidays
on a Friday or Monday, from Memorial
Day Weekend through October 1 each
year, between one hour after sunrise and
one hour before sunset.
(B) Vessel types: Human powered
vessels with a maximum length of
sixteen feet. Human powered vessels
must be able to safely navigate under
the bridge.
(C) Notification: Human powered
vessels desiring to transit shall contact
the United States Park Police Command
Center at 212–363–3260 regarding
intentions of passage prior to entering
the security zone and transiting under
the Ellis Island Bridge.
(D) Route: Transits through the
security zone and under the bridge shall
occur only at the designated route
marked with lights and signage.
(E) Passage: Vessels transiting under
the Ellis Island Bridge shall make
expeditious passage and not stop or
loiter within the security zone.
(iii) Enforcement period. The security
zone described in this subsection is
effective at all times. Although certain
vessels have permission to enter the
security zone to transit under the Ellis
Island Bridge subject to the conditions
outlined in the preceding paragraphs
(ii)(A)–(E), the security zone is in effect
permanently and can be enforced at any
time. When deemed necessary the COTP
may rescind the permission granted in
the preceding paragraphs (ii)(A)–(E) for
any period of time.
*
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*
*
*
sradovich on DSK3GMQ082PROD with PROPOSALS
§ 165.169 Safety and Security Zones: New
York Marine Inspection Zone and Captain of
the Port Zone.
[Docket ID: ED–2018–OESE–0017; Catalog
of Federal Domestic Assistance (CFDA)
Number 84.144F]
Dated: April 2, 2018.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the
Port New York.
[FR Doc. 2018–08323 Filed 4–19–18; 8:45 am]
BILLING CODE 9110–04–P
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34 CFR Chapter II
Proposed Waiver—Migrant Education
Program Consortium Incentive Grant
Program
Office of Elementary and
Secondary Education, Department of
Education.
ACTION: Proposed waiver and extension
of the project period.
AGENCY:
The Secretary proposes to
waive the requirement in the Education
Department General Administrative
Regulations that generally prohibits
project period extensions involving the
obligation of additional Federal funds.
The proposed waiver and extension of
the project period would enable the 34
grantees under the Migrant Education
Program (MEP) Consortium Incentive
Grant (CIG) Program that received
awards in the fiscal year (FY) 2015 grant
competition to continue to receive
Federal funding for up to 24 additional
months.
DATES: We must receive your comments
on or before May 21, 2018.
ADDRESSES: Submit your comments
through the Federal eRulemaking Portal
or via postal mail, commercial delivery,
or hand delivery. We will not accept
comments submitted by fax or by email
or those submitted after the comment
period. To ensure that we do not receive
duplicate copies, please submit your
comments only once. In addition, please
include the Docket ID at the top of your
comments.
• Federal eRulemaking Portal: Go to
www.regulations.gov to submit your
comments electronically. Information
on using Regulations.gov, including
instructions for accessing agency
documents, submitting comments, and
viewing the docket, is available on the
site under ‘‘Are you new to the site?’’
• Postal Mail, Commercial Delivery,
or Hand Delivery: If you mail or deliver
your comments about this proposed
waiver and extension of the project
period, address them to Jennifer
Rodriguez, U.S. Department of
Education, 400 Maryland Avenue SW,
Room 3E323, Washington, DC 20202.
Privacy Note: The Department’s
policy is to make all comments received
from members of the public available for
public viewing in their entirety on the
Federal eRulemaking Portal at
www.regulations.gov. Therefore,
commenters should be careful to
include in their comments only
SUMMARY:
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information that they wish to make
publicly available.
FOR FURTHER INFORMATION CONTACT:
Jennifer Rodriguez. Telephone: (202)
453–6670 or by email:
Jennifer.Rodriguez@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll-free, at 1–800–877–
8339.
SUPPLEMENTARY INFORMATION:
Invitation to Comment: We invite you
to submit comments regarding this
proposed waiver and extension of the
project period.
During and after the comment period,
you may inspect all public comments
about this proposed waiver and
extension by accessing Regulations.gov.
You may also inspect the comments in
person in Room 3E323, 400 Maryland
Avenue SW, Washington, DC, between
the hours of 8:30 a.m. and 4:00 p.m.,
Eastern Time, Monday through Friday
of each week, except Federal holidays.
Please contact the person listed under
FOR FURTHER INFORMATION CONTACT.
Assistance to Individuals With
Disabilities in Reviewing the
Rulemaking Record: On request, we will
provide an appropriate accommodation
or auxiliary aid to an individual with a
disability who needs assistance to
review the comments or other
documents in the public rulemaking
record for this proposed waiver and
extension. If you want to schedule an
appointment for this type of
accommodation or auxiliary aid, please
contact the person listed under FOR
FURTHER INFORMATION CONTACT.
Background: The MEP CIG program is
authorized in section 1308(d) of the
Elementary and Secondary Education
Act of 1965, as amended (ESEA) (20
U.S.C. 6398(d)). Through the MEP CIG
program, the U.S. Department of
Education (Department) provides
financial incentives to State educational
agencies (SEAs) to participate in highquality consortia that improve the
interstate or intrastate coordination of
migrant education programs by
addressing key needs of migratory
children who have their education
interrupted.
The Department published a notice of
final requirements for the MEP CIG
program in the Federal Register on
March 3, 2004 (69 FR 10109) (2004
Notice), and we have used these final
requirements for CIG program
competitions since FY 2004.
The 2004 Notice established a project
period of up to two years for grants
awarded under the MEP CIG program.
We subsequently published a notice of
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]]>Agencies
[Federal Register Volume 83, Number 77 (Friday, April 20, 2018)]
[Proposed Rules]
[Pages 17513-17516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08323]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0799]
RIN 1625-AA87
Safety and Security Zones; New York Marine Inspection and Captain
of the Port Zone
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to modify the security zone
surrounding the bridge between Liberty State Park and Ellis Island in
order to increase navigational safety in New York Harbor. This security
zone modification would allow certain vessels to transit underneath the
bridge, reducing congestion in the adjacent Anchorage Channel. We
invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before May 21, 2018.
[[Page 17514]]
ADDRESSES: You may submit comments identified by docket number USCG-
2016-0799 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email MST1 Kristina Pundt, Waterways
Management at U.S. Coast Guard Sector New York, telephone 718-354-4352,
email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
ANPRM Advance notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
COTP Captain of the Port
II. Background, Purpose, and Legal Basis
On November 27, 2002, the Coast Guard published a NPRM entitled,
``Safety and Security Zones; New York Marine Inspection and Captain of
the Port Zone'' in the Federal Register (67 FR 70892). The NPRM
proposed to establish a permanent safety and security zone encompassing
all waters within 150 yards of Liberty Island, Ellis Island, and the
bridge between Liberty State Park and Ellis Island. We received no
comments on the proposed rule. No public hearing was requested and none
was held. The current 150-yard permanent security zone around the
bridge between Liberty State Park and Ellis Island became effective in
January 2003 as enacted by a final rule entitled, ``Safety and Security
Zones; New York Marine Inspection Zone and Captain of the Port Zone''
published in the Federal Register (68 FR 2886, January 22, 2003).
On May 6, 2008, the Coast Guard published a NPRM entitled, ``Safety
and Security Zones; New York Marine Inspection Zone and Captain of the
Port'' in the Federal Register (73 FR 24889). The NPRM proposed to
modify several aspects of the permanent safety and security zone
regulations within the New York Captain of the Port Zone. We received
15 comments regarding the proposed rule. A public meeting was requested
to discuss the proposed expansion of the Liberty and Ellis Island
security zone to include all waters within 400 yards of these two
islands and the bridge between Liberty State Park and Ellis Island. On
February 12, 2009, the Coast Guard published a final rule entitled,
``Safety and Security Zones New York Marine Inspection Zone and Captain
of the Port Zone'' in the Federal Register (74 FR 7184). However, based
on the comments received, the Coast Guard did not expand the Liberty
and Ellis Island security zone. As a result, a public meeting was
unnecessary and the security zone remained 150 yards.
On November 3, 2016, the Coast Guard published an ANPRM entitled,
``Safety and Security Zones; New York Marine Inspection and Captain of
the Port Zone'' in the Federal Register (81 FR 76545). The ANPRM
solicited public comments on a potential rulemaking to modify the
existing security zone around the bridge between Liberty State Park and
Ellis Island. We received 125 comments regarding the advance notice of
proposed rulemaking. Out of the 125 comments received, 123 comments
were in support of modifying the existing security zone around the
bridge between Liberty State Park and Ellis Island, almost all of which
emphasized improving navigation safety. The opposed comment, provided
by the National Park Service, expressed security concerns regarding
Ellis and Liberty Islands due to their historical symbolism. The
singular neutral comment received was unclear as to the commenter's
view on the proposed security zone modification. The comment addressed
the federal job hiring process and stated that all security zones
should be eliminated, both of which are outside the purview of this
rulemaking.
The purpose of this rulemaking is to modify the existing security
zone to allow certain vessels to transit underneath the bridge between
Liberty State Park and Ellis Island. This security zone modification
will increase the navigational safety within New York Harbor by
reducing congestion in the adjacent Anchorage Channel. The Coast Guard
proposes this rulemaking under authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
The COTP proposes to modify the existing security zone around
Liberty Island and Ellis Island and the bridge between Ellis Island and
Liberty State Park. This does not relinquish the COTP authority to
enforce the full 150 yard security zone around the bridge. Rather, the
modification would allow certain vessels to transit underneath the
Ellis Island Bridge on weekends and Federally Observed Holidays,
beginning on Memorial Day Weekend through October 1, between one hour
after sunrise and one hour before sunset. Vessels making this transit
(a) must be able to safely navigate underneath the bridge, (b) be human
powered watercraft and (c) meet the horizontal and vertical
navigational bridge clearances. The proposed regulatory text appears at
the end of this document.
IV. Regulatory Analyses
The Coast Guard developed this proposed rule after considering
numerous statutes and Executive Orders related to rulemaking. Below is
a summary of our analyses based on a number of these statutes and
Executive Orders and we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the proposed
modification and will allow greater access to a previously restricted
area. Prior to the establishment of the security zone in 2003, small
watercraft routinely transited underneath the Ellis Island Bridge.
Since the enactment of the 2003 security zone, these craft have been
diverted into the busy navigation channel east of Ellis Island.
Although the current regulation allows vessels to transit under the
Ellis Island Bridge with COTP permission, this modification grants
standing COTP approval for certain vessels to transit underneath the
bridge during specific time periods. Thus, this modification would
lessen the regulatory burden on these vessels by allowing transit
through the security zone without needing to seek prior COTP
permission. Moreover, the Coast Guard would make the boating public
aware of this modification through publication in the Local Notice to
Mariners.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider
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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 would not have a significant
economic impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
security zone may be small entities, for the reasons stated in section
IV.A. above this proposed rule would not have a significant economic
impact on any vessel owner or operator.
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.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. 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.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. 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.
F. 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 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves the
modification of a security zone surrounding the bridge between Liberty
State Park and Ellis Island. Normally such actions are categorically
excluded from further review under paragraph L60(b) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A preliminary
Record of Environmental Consideration supporting this determination is
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.
G. 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. 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.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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 AREAS.
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1
0
2. In Sec. 165.169, revise paragraph (a)(4) to read as follows:
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Sec. 165.169 Safety and Security Zones: New York Marine Inspection
Zone and Captain of the Port Zone.
(a) * * *
(4) Liberty and Ellis Islands. (i) Location. All waters within 150
yards of Liberty Island and Ellis Island, and the Ellis Island Bridge.
(ii) Ellis Island Bridge. Vessels may transit underneath the Ellis
Island Bridge, subject to the following conditions:
(A) Dates/Times: On weekends only, to include Federally Observed
Holidays on a Friday or Monday, from Memorial Day Weekend through
October 1 each year, between one hour after sunrise and one hour before
sunset.
(B) Vessel types: Human powered vessels with a maximum length of
sixteen feet. Human powered vessels must be able to safely navigate
under the bridge.
(C) Notification: Human powered vessels desiring to transit shall
contact the United States Park Police Command Center at 212-363-3260
regarding intentions of passage prior to entering the security zone and
transiting under the Ellis Island Bridge.
(D) Route: Transits through the security zone and under the bridge
shall occur only at the designated route marked with lights and
signage.
(E) Passage: Vessels transiting under the Ellis Island Bridge shall
make expeditious passage and not stop or loiter within the security
zone.
(iii) Enforcement period. The security zone described in this
subsection is effective at all times. Although certain vessels have
permission to enter the security zone to transit under the Ellis Island
Bridge subject to the conditions outlined in the preceding paragraphs
(ii)(A)-(E), the security zone is in effect permanently and can be
enforced at any time. When deemed necessary the COTP may rescind the
permission granted in the preceding paragraphs (ii)(A)-(E) for any
period of time.
* * * * *
Dated: April 2, 2018.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2018-08323 Filed 4-19-18; 8:45 am]
BILLING CODE 9110-04-P
