Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules 36393

Issued in Renton, Washington, on June 2,

2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–14438 Filed 6–7–00; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–00–146]

RIN 2115–AA97

Security Zone: Dignitary Arrival/

Departure and United Nations

Meetings, New York, NY

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

establish two permanent security zones

near the United Nations Headquarters

located on the East River at East 43rd

Street, Manhattan, New York. This

action is necessary to protect the Port of

New York/New Jersey and visiting

dignitaries against terrorism, sabotage or

other subversive acts and incidents of a

similar nature during the dignitaries’

meetings at the United Nations

Headquarters. This action establishes

two permanent exclusion areas that are

active from shortly before the

dignitaries’ arrival at the United Nations

General Assembly meetings until

shortly after their departure.

DATES: Comments and related material

must reach the Coast Guard on or before

July 24, 2000.

ADDRESSES: You may mail comments

and related material to Waterways

Oversight Branch (CGD01–00–006),

Coast Guard Activities New York, 212

Coast Guard Drive, room 205, Staten

Island, New York 10305. The

Waterways Oversight Branch of Coast

Guard Activities New York maintains

the public docket for this rulemaking.

Comments and material received from

the public, as well as documents

indicated in this preamble as being

available in the docket, will become part

of this docket and will be available for

inspection or copying at room 205,

Coast Guard Activities New York,

between 8 a.m. and 3 p.m., Monday

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant M. Day, Waterways

Oversight Branch, Coast Guard

Activities New York (718) 354–4012.

SUPPLEMENTARY INFORMATION:

Request for Comments

We encourage you to participate in

this rulemaking by submitting

comments and related material. If you

do so, please include your name and

address, identify the docket number for

this rulemaking (CGD01–00–006),

indicate the specific section of this

document to which each comment

applies, and give the reason for each

comment. Please submit all comments

and related material in an unbound

format, no larger than 81⁄2 by 11 inches,

suitable for copying. The comment

period for this proposed regulation is 45

days. This time period is adequate to

allow local input because the locations

have been used for United Nations

General Assembly Security Zones in

previous years. The shortened comment

period will still allow the full 30-day

publication requirement prior to the

final rule becoming effective. If you

would like to know they reached us,

please enclose a stamped, self-addressed

postcard or envelope. We will consider

all comments and material received

during the comment period. We may

change this proposed rule in view of

them.

Public Meeting

We do not now plan to hold a public

meeting. But you may submit a request

for a meeting by writing to the

Waterways Oversight Branch at the

address under ADDRESSES explaining

why one would be beneficial. If we

determine that one would aid this

rulemaking, we will hold one at a time

and place announced by a later notice

in the Federal Register.

Background and Purpose

New York City is often visited by the

President and Vice President of the

United States, as well as visiting heads

of foreign states or foreign governments,

on the average of 12 times per year.

Often these visits are on short notice.

The President, Vice President, and

visiting heads of foreign states or foreign

governments require Secret Service

protection. Due to the sensitive nature

of these visits, a security zone is needed.

Standard security procedures are

enacted to ensure the proper level of

protection to prevent sabotage or other

subversive acts, accidents, or other

activities of a similar nature. In the past,

temporary security zones were

requested by the U.S. Secret Service

with limited notice for preparation by

the U.S. Coast Guard and no

opportunity for public comment.

Establishing permanent security zones

by notice and comment rulemaking

gives the public the opportunity to

comment on the proposed location and

size of the zones. The proposed

regulation establishes two permanent

security zones that could be activated

upon request of the U.S. Secret Service

pursuant to their authority under 18

U.S.C. 3056.

These security zones have been

narrowly tailored, in consultation with

the United States Secret Service and the

maritime industry, to impose the least

impact on maritime interests yet

provide the level of security deemed

necessary. Entry into or movement

within these proposed security zones

would be prohibited unless authorized

by the Coast Guard Captain of the Port,

New York. The activation of a particular

security zone will be announced via

facsimile and marine information

broadcasts.

Discussion of Proposed Rule

The two proposed security zones are

as follows (all nautical positions are

based on North American Datum of

1983):

The first proposed security zone at

United Nations Headquarters includes

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 175

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

to the starting point at 40°44′37′′ N,

073°58′16.5′′W. The proposed security

zone prevents vessels from transiting a

portion of the East River. Marine traffic

will still be able to transit through the

eastern 100 yards of the western

channel of the East River. Additionally,

vessels may transit through the eastern

channel of the East River during this

security zone. This zone is generally

enacted from 8 a.m. until 7 p.m. during

the United Nations General Assembly

meetings. Generally, these meetings take

place from Monday through Saturday

for two consecutive weeks. Normally

this occurs between the final two weeks

of September and the first two weeks of

October.

This proposal is necessary to protect

the Port of New York/New Jersey and

visiting dignitaries against terrorism,

sabotage or other subversive acts and

incidents of a similar nature during the

dignitaries’ meetings at the United

Nations Headquarters. This security

zone has been narrowly tailored, in

consultation with the United States

Secret Service and the maritime

36394 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules

industry, to impose the least impact on

maritime interests yet provide the level

of security deemed necessary.

The second proposed security zone at

United Nations Headquarters includes

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. Marine traffic will

not be able to transit through this

portion of the East River because the

proposed zone extends bank to bank,

and there are no alternate routes

available in the river to go around the

zone. This proposed zone extends bank

to bank while the President of the

United States addresses, or is in

attendance at, the United Nations

General Assembly. Generally, this zone

will only be activated once per year

during one day of the annual U.N.

General Assembly meeting during the

Presidential address or while the

President is in attendance. This address

has been held during the final week of

September for the past two years.

However, due to the late notification of

the daily security requirements from the

Secret Service, there was insufficient

time to follow notice and comment

rulemaking to give the public the

opportunity to comment on the

proposed location and size of the zones.

The Coast Guard expects this zone to be

activated for only 2.5 hours during the

morning and 3 hours during the

afternoon.

This proposal is necessary to protect

the Port of New York/New Jersey, the

President of the United States, and

visiting dignitaries against terrorism,

sabotage or other subversive acts and

incidents of a similar nature during

visits by the President of the United

States and dignitaries’ meetings at the

United Nations Headquarters. This

security zone has been narrowly

tailored, in consultation with the United

States Secret Service and the maritime

industry, to impose the least impact on

maritime interests yet provide the level

of security deemed necessary.

The actual dates that these security

zones will be activated are not known

by the Coast Guard at this time. Coast

Guard Activities New York will give

notice of the activation of each security

zone by all appropriate means to

provide the widest publicity among the

affected segments of the public. Marine

information broadcasts will normally be

made for these security zones beginning

24 to 48 hours before the zone is

enacted. Facsimile broadcasts will also

be made to notify the public. The Coast

Guard expects that the notice of the

activation of each permanent security

zone in this rulemaking will normally

be made less than seven days before the

zone is actually activated.

The two new security zones are being

proposed to ensure the Coast Guard can

provide the U.S. Secret Service with the

services they require to protect the Port

of New York/New Jersey and visiting

dignitaries in a timely manner. This

proposal will also give the marine

community the opportunity to comment

on the proposed zones location and size.

This proposed rule revises 33 CFR

165.164 by renaming the section

heading to ‘‘Dignitary Arrival/Departure

and United Nations Meetings, New

York, NY’’ and adding two new East

River locations to the listed zones.

Regulatory Evaluation

This proposed rule is not a

‘‘significant regulatory action’’ under

section 3(f) of Executive Order 12866

and does not require an assessment of

potential costs and benefits under

section 6(a)(3) of that Order. The Office

of Management and Budget has not

reviewed it under that Order. It is not

significant under the regulatory policies

and procedures of the Department of

Transportation (DOT) (44 FR 11040,

February 26, 1979).

We expect the economic impact of

this proposed rule to be so minimal that

a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

This finding is based on the fact that

we anticipate these security zones will

be activated on an average of 12 times

per year, and the minimal time that

vessels will be restricted from the zones.

Marine traffic will still be able to transit

through the eastern 100 yards of the

western channel and recreational traffic

will also be able to transit through the

eastern channel of the East River while

the first, smaller security zone at the

United Nations Headquarters is enacted.

We anticipate that the second security

zone at the United Nations

Headquarters, shutting down the East

River in the vicinity of the United

Nations Headquarters, will only be

activated once per year during one day

of the annual U.N. General Assembly

meeting during the Presidential address.

This zone that shuts down the East

River will normally only be in effect for

2.5 hours during the morning and 3

hours during the afternoon. Extensive

advance notifications will be made to

the maritime community via facsimile

and marine information broadcasts.

These security zones have been

narrowly tailored to impose the least

impact on maritime interests yet

provide the level of security deemed

necessary.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we considered

whether this proposed rule would have

a significant economic impact on a

substantial number of small entities.

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.

This proposed rule would affect the

following entities, some of which might

be small entities: the owners or

operators of vessels intending to transit

or anchor in a portion of the Port of New

York/New Jersey during the times these

zones are activated.

These security zones would not have

a significant economic impact on a

substantial number of small entities for

the following reasons: Vessel traffic

could transit through the eastern 100

yards of the western channel of the East

River during the smaller security zone

that is enacted when the President of

the United States is not addressing the

Assembly. Recreational traffic could

also transit through the eastern channel

of the East River during this same

security zone. Before the effective

period, we would issue maritime

advisories widely available to users of

the Port of New York/New Jersey by

facsimile and marine information

broadcasts.

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.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104–121),

we want to assist small entities in

understanding this proposed rule so that

they can better evaluate its effects on

them and participate in the rulemaking.

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 Lieutenant

Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Proposed Rules 36395

M. Day, Waterways Oversight Branch,

Coast Guard Activities New York (718)

354–4012.

Collection of Information

This proposed rule would call for no

new collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501–3520.).

Federalism

We have analyzed this proposed rule

under E.O. 13132 and have determined

that this rule does not have implications

for federalism under that Order.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) governs

the issuance of Federal regulations that

require unfunded mandates. An

unfunded mandate is a regulation that

requires a State, local, or tribal

government or the private sector to

incur direct costs without the Federal

Government’s having first provided the

funds to pay those costs. This proposed

rule would not impose an unfunded

mandate.

Taking of Private Property

This proposed rule would not effect a

taking of private property or otherwise

have taking implications under E.O.

12630, Governmental Actions and

Interference with Constitutionally

Protected Property Rights.

Civil Justice Reform

This proposed rule meets applicable

standards in sections 3(a) and 3(b)(2) of

E.O. 12988, Civil Justice Reform, to

minimize litigation, eliminate

ambiguity, and reduce burden.

Protection of Children

We have analyzed this proposed rule

under E.O. 13045, Protection of

Children from Environmental Health

Risks and Safety Risks. This rule is not

an economically significant rule and

does not concern an environmental risk

to health or risk to safety that may

disproportionately affect children.

Environment

We considered the environmental

impact of this proposed rule and

concluded that, under figure 2–1,

paragraph 34(g), of Commandant

Instruction M16475.1C, this proposed

rule is categorically excluded from

further environmental documentation.

This proposed rule fits paragraph 34(g)

as it would establish two security zones.

A ‘‘Categorical Exclusion

Determination’’ is available in the

docket where indicated under

ADDRESSES.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

For the reasons discussed in the

preamble, the Coast Guard 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(g), 6.04–1, 6.04–6, 160.5; 49

CFR 1.46.

2. In § 165.164, revise the section

heading and paragraphs (a)(4) and (a)(5),

and add new paragraphs (a)(6) and (a)(7)

to read as follows:

§ 165.164 Security Zones: Dignitary

Arrival/Departure and United Nations

Meetings, New York, NY.

(a) * * *

(4) Location. 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

175 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 to the starting

point at 40°44′37′′ N, 073°58′16.5′′W. All

nautical positions are based on North

American Datum of 1983.

(5) Location. 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. All

nautical positions are based on North

American Datum of 1983.

(6) The security zone will be activated

30 minutes before the dignitaries’ arrival

into the zone and remain in effect until

15 minutes after the dignitaries’

departure from the zone.

(7) The activation of a particular zone

will be announced by facsimile and

marine information broadcasts.

* * * * *

Dated: May 30, 2000.

R.E. Bennis,

Captain, U.S. Coast Guard, Captain of the

Port, New York.

[FR Doc. 00–14506 Filed 6–7–00; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Chapter II

Negotiated Rulemaking Advisory

Committee; Fixed Anchors in

Wilderness

AGENCY: Forest Service, USDA.

ACTION: Negotiated rulemaking; public

meetings.

SUMMARY: The Secretary of Agriculture

has established a negotiated rulemaking

committee to develop recommendations

for a proposed rule for the placement,

use, and removal of fixed anchors used

for recreational rock climbing purposes

in congressionally designated

wilderness areas administered by the

Forest Service. This committee, called

the Fixed Anchors in Wilderness

Negotiated Rulemaking Advisory

Committee, is made up of individuals

representing a cross section of interests

with a definable stake in the outcome of

the proposed rule. The Committee has

been established in accordance with the

provisions of the Federal Advisory

Committee Act and will be engaged in

the process of negotiated rulemaking

pursuant to the provisions of the

Negotiated Rulemaking Act.

DATES: The first two meetings of the

advisory committee will be held in

Golden, Colorado on June 27–28 and

July 19–20. The meetings are scheduled

from 10 a.m. to 5:30 p.m. on the first

day and from 8:30 a.m. to 3:00 p.m. on

the second day of each session.

ADDRESSES: The advisory committee

meetings will be held at the Rocky

Mountain Regional Office, Forest

Service, 740 Simms Street, Golden,

Colorado.

FOR FURTHER INFORMATION CONTACT: Jerry

Stokes, Recreation, Heritage, and

Wilderness Resources, (202) 205–0956.

SUPPLEMENTARY INFORMATION:

Background

On October 29, 1999, the Secretary of

Agriculture published in the Federal

Register a notice of intent (64 FR 58368)

to establish a negotiated rulemaking

advisory committee to assist in the

development of a proposed rule

regarding the placement, use, and

removal of fixed anchors in

congressionally designated wilderness

areas administered by the Forest

Service. The Secretary received over

1,300 responses on the notice of intent.

All of the comments are available for

public inspection at the Forest Service’s

national office in Washington, DC.

Arrangements to view the comments