[Federal Register Volume 65, Number 111 (Thursday, June 8, 2000)]
[Proposed Rules]
[Pages 36393-36395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14506]


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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.

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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 
8\1/2\ 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 deg.44'37" N, 073 deg.58'16.5"W (the base of East 35th Street, 
Manhattan), then east to 40 deg.44'34.5"N, 073 deg.58'10.5"W (about 175 
yards offshore of Manhattan), then northeasterly to 40 deg.45'29" N, 
073 deg.57'26.5"W (about 125 yards offshore of Manhattan at the 
Queensboro Bridge), then northwesterly to 40 deg.45'31" N, 
073 deg.57'30.5"W (Manhattan shoreline at the Queensboro Bridge), then 
southerly to the starting point at 40 deg.44'37" N, 073 deg.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

[[Page 36394]]

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 deg.44'37" N, 073 deg.58'16.5" W (the base of 
East 35th Street, Manhattan), to approximate position 40 deg.44'23" N, 
073 deg.57'44.5" W (Hunters Point, Long Island City), and south of the 
Queensboro Bridge. 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

[[Page 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 Sec. 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:


Sec. 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 deg.44'37" N, 073 deg.58'16.5" W (the base of East 35th 
Street, Manhattan), then east to 40 deg.44'34.5" N, 073 deg.58'10.5" W 
(about 175 yards offshore of Manhattan), then northeasterly to 
40 deg.45'29" N, 073 deg.57'26.5" W (about 125 yards offshore of 
Manhattan at the Queensboro Bridge), then northwesterly to 
40 deg.45'31" N, 073 deg.57'30.5" W (Manhattan shoreline at the 
Queensboro Bridge), then southerly to the starting point at 
40 deg.44'37" N, 073 deg.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 deg.44'37" N, 073 deg.58'16.5" W (the base 
of East 35th Street, Manhattan), to approximate position 40 deg.44'23" 
N, 073 deg.57'44.5" W (Hunters Point, Long Island City), and south of 
the Queensboro Bridge. 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]
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