Security Zones; Dignitary Arrival/Departure and United Nations Meeting, New York, NY, 6972-6974 [2019-03717]
Download as PDF
<![CDATA[
6972
Federal Register / Vol. 84, No. 41 / Friday, March 1, 2019 / Rules and Regulations
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. Add § 165.T01–1059 to read as
follows:
■
jbell on DSK30RV082PROD with RULES
§ 165.T01–1059 Safety Zones, Tappan Zee
Bridge Demolition, Hudson River; South
Nyack and Tarrytown, NY.
(a) North safety zone boundaries. The
following is a safety zone: All waters of
the Hudson River north of the old
Tappan Zee Bridge, and east of the
existing construction safety zone, from
surface to bottom, bound by the
following approximate positions:
41°04′21.96″ N, 073°52′03.25″ W, thence
to 41°04′26.27″ N, 073°52′19.82″ W,
thence to 41°04′26.53″ N, 073°53′20.07″
W, thence to 41°04′37.50″ N,
073°53′20.59″ W, thence to 41°04′37.50″
N, 073°52′21.65″ W, thence to the point
of origin (NAD 83).
(b) South safety zone boundaries. The
following is a safety zone: All waters of
the Hudson River south of the old
Tappan Zee Bridge, and east of the
existing construction safety zone, from
surface to bottom, bound by the
following approximate positions:
41°03′46.91″ N, 073°52′05.89″ W, thence
to 41°03′56.69″ N, 073°52′24.75″ W,
thence to 41°03′56.92″ N, 073°53′18.84″
W, thence to 41°03′46.92″ N,
073°53′18.42″ W, thence to the point of
origin (NAD 83).
(c) Definitions. The following
definitions apply to this section:
Designated representative means any
Coast Guard commissioned, warrant,
petty officer, or designated Patrol
Commander of the U.S. Coast Guard
who has been designated by the Captain
of the Port, Sector New York (COTP), to
act on his or her behalf. The designated
representative may be on an official
patrol vessel or may be on shore and
will communicate with vessels via
VHF–FM radio or loudhailer. In
addition, members of the Coast Guard
Auxiliary may be present to inform
vessel operators of this regulation.
Official patrol vessels means any
Coast Guard, Coast Guard Auxiliary,
state, or local law enforcement vessels
assigned or approved by the COTP.
(d) Regulations. When these two
safety zones are enforced, the following
regulations, along with those contained
in § 165.23 apply:
(1) During periods of enforcement no
person or vessel may enter or remain in
either of the two safety zones described
VerDate Sep<11>2014
16:31 Feb 28, 2019
Jkt 247001
in paragraphs (a) and (b) of this section
unless authorized by the COTP or the
COTP’s designated representative.
(2) Persons and vessels may request
permission to enter the zone on VHF–
16.
(3) Any vessels permitted to enter
these zones must comply with all orders
and directions from the COTP or the
COTP’s designated representative.
(4) Upon being hailed by a Coast
Guard vessel by siren, radio, flashing
light or other means, the operator of the
vessel must proceed as directed.
(5) Notwithstanding anything
contained in this section, the Rules of
the Road in 33 CFR subchapter E, part
84, are still in effect and must be strictly
adhered to at all times.
(d) Enforcement periods. This
regulation is enforceable 24 hours a day
from 7:00 a.m. on January 12, 2019 until
11:59 p.m. on April 31, 2019, but will
only be enforced during the use of
explosives to drop the east cantilever
span of the old Tappan Zee Bridge to
the Hudson Riverbed. The demolition
operations that will require enforcement
of the two safety zone regulations are
tentatively scheduled to take place on
January 12, 2019, from approximately
7:00 a.m. until 10:00 a.m., unless
delayed. The COTP will provide notice
of the channel closure by appropriate
means to the affected segments of the
public. Such means of notification may
include, but are not limited to,
Broadcast Notice to Mariners and/or
Local Notice to Mariners.
(1) If enforcement is suspended, the
COTP will provide a notice of the
suspension of enforcement by
appropriate means. Such means of
notification may include, but are not
limited to, Broadcast Notice to Mariners
and/or Local Notice to Mariners.
(2) Violations of this regulation may
be reported to the COTP at (718) 354–
4353 or on VHF-Channel 16.
Dated: January 3, 2019.
J.P. Tama,
Captain, U.S. Coast Guard, Captain of the
Port New York.
[FR Doc. 2019–03716 Filed 2–28–19; 8:45 am]
BILLING CODE 9110–04–P
PO 00000
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2017–1081]
RIN 1625–AA67
Security Zones; Dignitary Arrival/
Departure and United Nations Meeting,
New York, NY
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is modifying
the Marine Air Terminal, LaGuardia
Airport Security Zone to expand the
existing security zone boundary north
along the Rikers Island Bridge to the
intersecting point on the southern tip of
Rikers Island then east to the western
end of LaGuardia Airport. This
expanded security zone is necessary to
protect the port, waterfront facilities,
and waters of the United States from
terrorism, sabotage, or other subversive
acts and incidents of a similar nature
during visits to New York City by
various dignitaries.
DATES: This rule is effective April 1,
2019.
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
1081 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email MST1 Kristina Pundt, Sector New
York Waterways Division, U.S. Coast
Guard; telephone 718–354–4352, email
Kristina.H.Pundt@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
RNA Regulated Navigation Area
II. Background Information and
Regulatory History
On September 29, 2014, the Coast
Guard published an 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). This NPRM proposed to
disestablish three RNAs and replace
Frm 00020
Fmt 4700
Sfmt 4700
E:\FR\FM\01MRR1.SGM
01MRR1
Federal Register / Vol. 84, No. 41 / Friday, March 1, 2019 / Rules and Regulations
each with a security zone. No comments
nor requests for a public meeting were
received. On December 30, 2014 the
Coast Guard published a Final Rule
titled, ‘‘Security Zones; Dignitary
Arrival/Departure and United Nations
Meetings, New York, NY’’ in the
Federal Register (79 FR 78308). This
final rule disestablished the RNAs and
replaced them with three security zones.
One of the security zones established
was the Marine Air Terminal, LaGuardia
Airport security zone.
On May 22, 2018, the Coast Guard
published an NPRM titled, ‘‘Security
Zones; Dignitary Arrival/Departure and
United Nations Meetings, New York,
NY’’ in the Federal Register (83 FR
23619). This NPRM proposed to modify
the existing Marine Air Terminal,
LaGuardia Airport security zone due to
location adjustments of security staging
areas, and invited comments on our
proposed regulatory action related to
this security zone. During the comment
period that ended July 23, 2018, the
Coast Guard received no comments.
jbell on DSK30RV082PROD with RULES
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under the authority in 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. Due to location adjustments of
the security staging areas, the Coast
Guard has determined that the existing
security zone does not provide an
adequate level of security. The
modification will allow enforcement of
a security zone that will minimize threat
exposure. The purpose of this rule is to
protect the port, waterfront facilities,
and waters of the United States from
terrorism, sabotage, or other subversive
acts and incidents of a similar nature
during visits to New York City by
various dignitaries.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published May
22, 2018. There are no changes in the
regulatory text of this rule from the
proposed rule in the NPRM.
This rule modifies an existing security
zone. The modification expands the
existing security zone boundary north
along the Rikers Island Bridge to the
intersecting point on the southern tip of
Rikers Island then east to the western
end of LaGuardia Airport.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
VerDate Sep<11>2014
16:31 Feb 28, 2019
Jkt 247001
Executive Orders related to rulemaking.
Below we summarize 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 rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule 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 limited size and
enforcement of the security zone.
Although expanding upon the current
security zone, the modification only
encompasses a small designated area of
Bowery Bay. Additionally, the security
zone will only be enforced during the
infrequent visits of domestic and foreign
dignitaries for as limited duration as
necessary to safeguard against
destruction, loss, or injury from
sabotage or other subversive acts,
accidents, or other causes of a similar
nature. Moreover, the Coast Guard will
issue a Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
zone and the rule would allow vessels
to seek permission to transit the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 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 rulemaking. 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.
While some owners or operators of
vessels intending to transit the security
zone may be small entities, for the
reasons stated in section V.A. above,
this rule will not have a significant
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
6973
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. 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).
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 rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order13132.
Also, 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. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E:\FR\FM\01MRR1.SGM
01MRR1
6974
Federal Register / Vol. 84, No. 41 / Friday, March 1, 2019 / Rules and Regulations
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 rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Commandant
Instruction M16475.1D, which guide the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
modification of a security zone that
would prohibit entry into Bowery Bay
for a limited duration and for a limited
number of instances each year. It is
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
Record of Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
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.
List of Subjects in 33 CFR Part 165
jbell on DSK30RV082PROD with RULES
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
VerDate Sep<11>2014
16:31 Feb 28, 2019
Jkt 247001
Department of Homeland Security Delegation
No. 0170.1.
2. In § 165.164, revise paragraph (a)(3)
to read as follows:
■
§ 165.164 Security Zones; Dignitary
Arrival/Departure and United Nations
Meetings, New York, NY.
(a) * * *
(3) Marine Air Terminal, LaGuardia
Airport Security Zone. All waters of
Bowery Bay, Queens, New York, inside
of a line drawn from the start of the
Rikers Island Bridge in Queens at
approximate position 40°46′37″ N,
073°53′30″ W to the intersecting point
on the southern side of Rikers Island at
approximate position 40°47′12″ N,
073°53′06″ W, then a line drawn east to
the western end of LaGuardia Airport at
approximate position 40°47′00″ N,
073°52′44″ W, then a line drawn south
following the shoreline back to the point
of origin at 40°46′37″ N, 073°53′30″ W
(NAD 1983).
*
*
*
*
*
Dated: December, 4, 2018.
J.P. Tama,
Captain, U.S. Coast Guard, Captain of the
Port New York.
[FR Doc. 2019–03717 Filed 2–28–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
34 CFR Part 461
RIN 1830–AA31
Programs and Activities Authorized by
the Adult Education and Family
Literacy Act (Title II of the Workforce
Innovation and Opportunity Act)
Department of Education.
Correcting amendment.
AGENCY:
ACTION:
SUMMARY: On August 19, 2016, the
Department of Education (Department)
established regulations to implement
changes to the Adult Education and
Family Literacy Act (AEFLA) resulting
from the enactment of the Workforce
Innovation and Opportunity Act (WIOA
or the Act). The 2016 final regulations
clarified provisions in AEFLA and also
identified for removal regulations no
longer applicable to the AEFLA
program. The preamble discussed our
intent to remove certain regulations.
However, language necessary to remove
those regulations from the Code of
Federal Regulations was inadvertently
omitted from the 2016 final rule.
Through this document we are now
removing those regulations.
DATES: Effective date: These regulations
are effective March 1, 2019.
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
FOR FURTHER INFORMATION CONTACT:
Hugh Reid, U.S. Department of
Education, 400 Maryland Avenue SW,
Room 11114 PCP, Washington, DC
20202–2500. Telephone: (202) 245–
7491. Email: Hugh.Reid@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
SUPPLEMENTARY INFORMATION:
Final Regulatory Changes
Background
On April 16, 2015, we published in
the Federal Register a notice of
proposed rulemaking (NPRM) for the
Programs and Activities Authorized by
AEFLA under Title II of WIOA (80 FR
20968). References to 34 CFR part 461
were included in that NPRM. In the
Background section we indicated that
the Department proposes to remove 34
CFR parts 460 and 461 ‘‘because these
regulations are no longer applicable to
the Federal adult education program.’’
These regulations are no longer
enforceable because they were
promulgated under the National
Literacy Act (Pub. L. 102–73) (NLA) in
1992, which was superseded by Title II
of the Workforce Investment Act of
1998.
On August 19, 2016, the Department
issued a final rule in which the
Secretary established regulations to
implement changes to AEFLA resulting
from the enactment of WIOA (81 FR
55525). These final regulations clarified
the provisions in AEFLA, and the
preamble also discussed our intent to
remove 34 CFR part 461. However, we
inadvertently omitted language
necessary to remove 34 CFR part 461
from the Code of Federal Regulations.
Through this document, we are
amending the regulations in title 34 of
the Code of Federal Regulations
applicable to Programs and Activities
Authorized by AEFLA (Title II of WIOA)
to remove 34 CFR part 461.
This action is consistent with
Executive Order 13777, ‘‘Enforcing the
Regulatory Reform Agenda,’’ signed by
President Trump on February 24, 2017.
That Executive Order established a
Federal policy to alleviate unnecessary
regulatory burdens on the American
people and, in Section 3(a), directed
each Federal agency to establish a
regulatory reform task force, the duty of
which is to evaluate existing regulations
and make recommendations to the
agency head regarding their repeal,
replacement, or modification.
E:\FR\FM\01MRR1.SGM
01MRR1
]]>Agencies
[Federal Register Volume 84, Number 41 (Friday, March 1, 2019)]
[Rules and Regulations]
[Pages 6972-6974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03717]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-1081]
RIN 1625-AA67
Security Zones; Dignitary Arrival/Departure and United Nations
Meeting, New York, NY
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is modifying the Marine Air Terminal,
LaGuardia Airport Security Zone to expand the existing security zone
boundary north along the Rikers Island Bridge to the intersecting point
on the southern tip of Rikers Island then east to the western end of
LaGuardia Airport. This expanded security zone is necessary to protect
the port, waterfront facilities, and waters of the United States from
terrorism, sabotage, or other subversive acts and incidents of a
similar nature during visits to New York City by various dignitaries.
DATES: This rule is effective April 1, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2017-1081 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 Kristina Pundt, Sector New York Waterways Division,
U.S. Coast Guard; telephone 718-354-4352, email
Kristina.H.Pundt@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
RNA Regulated Navigation Area
II. Background Information and Regulatory History
On September 29, 2014, the Coast Guard published an 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). This NPRM proposed to disestablish three RNAs
and replace
[[Page 6973]]
each with a security zone. No comments nor requests for a public
meeting were received. On December 30, 2014 the Coast Guard published a
Final Rule titled, ``Security Zones; Dignitary Arrival/Departure and
United Nations Meetings, New York, NY'' in the Federal Register (79 FR
78308). This final rule disestablished the RNAs and replaced them with
three security zones. One of the security zones established was the
Marine Air Terminal, LaGuardia Airport security zone.
On May 22, 2018, the Coast Guard published an NPRM titled,
``Security Zones; Dignitary Arrival/Departure and United Nations
Meetings, New York, NY'' in the Federal Register (83 FR 23619). This
NPRM proposed to modify the existing Marine Air Terminal, LaGuardia
Airport security zone due to location adjustments of security staging
areas, and invited comments on our proposed regulatory action related
to this security zone. During the comment period that ended July 23,
2018, the Coast Guard received no comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority in 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. Due to
location adjustments of the security staging areas, the Coast Guard has
determined that the existing security zone does not provide an adequate
level of security. The modification will allow enforcement of a
security zone that will minimize threat exposure. The purpose of this
rule is to protect the port, waterfront facilities, and waters of the
United States from terrorism, sabotage, or other subversive acts and
incidents of a similar nature during visits to New York City by various
dignitaries.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published May
22, 2018. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule modifies an existing security zone. The modification
expands the existing security zone boundary north along the Rikers
Island Bridge to the intersecting point on the southern tip of Rikers
Island then east to the western end of LaGuardia Airport.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize 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 rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule 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 limited size
and enforcement of the security zone. Although expanding upon the
current security zone, the modification only encompasses a small
designated area of Bowery Bay. Additionally, the security zone will
only be enforced during the infrequent visits of domestic and foreign
dignitaries for as limited duration as necessary to safeguard against
destruction, loss, or injury from sabotage or other subversive acts,
accidents, or other causes of a similar nature. Moreover, the Coast
Guard will issue a Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the zone and the rule would allow vessels to seek
permission to transit the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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 rulemaking. 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.
While some owners or operators of vessels intending to transit the
security zone may be small entities, for the reasons stated in section
V.A. above, this rule will not have a significant economic impact on
any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. 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).
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 rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive
Order13132.
Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
[[Page 6974]]
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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
the modification of a security zone that would prohibit entry into
Bowery Bay for a limited duration and for a limited number of instances
each year. It is categorically excluded from further review under
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 01. A Record of Environmental Consideration supporting
this determination is available in the docket where indicated under
ADDRESSES.
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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
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. 165.164, revise paragraph (a)(3) to read as follows:
Sec. 165.164 Security Zones; Dignitary Arrival/Departure and United
Nations Meetings, New York, NY.
(a) * * *
(3) Marine Air Terminal, LaGuardia Airport Security Zone. All
waters of Bowery Bay, Queens, New York, inside of a line drawn from the
start of the Rikers Island Bridge in Queens at approximate position
40[deg]46'37'' N, 073[deg]53'30'' W to the intersecting point on the
southern side of Rikers Island at approximate position 40[deg]47'12''
N, 073[deg]53'06'' W, then a line drawn east to the western end of
LaGuardia Airport at approximate position 40[deg]47'00'' N,
073[deg]52'44'' W, then a line drawn south following the shoreline back
to the point of origin at 40[deg]46'37'' N, 073[deg]53'30'' W (NAD
1983).
* * * * *
Dated: December, 4, 2018.
J.P. Tama,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2019-03717 Filed 2-28-19; 8:45 am]
BILLING CODE 9110-04-P
