Federal Register / Vol. 73, No. 88 / Tuesday, May 6, 2008 / Proposed Rules 24889 

Commercial Airplanes Delegation Option 

Authorization Organization who has been 

authorized by the Manager, Los Angeles 

ACO, to make those findings. For a repair 

method to be approved, the repair must meet 

the certification basis of the airplane and 14 

CFR 25.571, Amendment 45, and the 

approval must specifically refer to this AD. 

Issued in Renton, Washington, on April 23, 

2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–9883 Filed 5–5–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2007–0074] 

RIN 1625–AA87 

Safety and Security Zones: New York 

Marine Inspection Zone and Captain of 

the Port Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

modify several aspects of the permanent 

safety and security zones within the 

New York Captain of the Port Zone. 

This action is necessary to consolidate, 

clarify, and otherwise modify safety and 

security zone regulations to eliminate 

unnecessary regulations and better meet 

the safety and security needs of the New 

York and New Jersey port community. 

This action would modify existing 

safety and security zones, consolidate 

and modify safety and security zones 

currently found in separate regulations, 

and remove certain safety and security 

zones. 

DATES: Comments and related material 

must reach the Docket Management 

Facility on or before July 7, 2008. 

Comments sent to the Office of 

Management and Budget (OMB) on 

collection of information must reach 

OMB on or before July 7, 2008. 

ADDRESSES: You may submit comments 

identified by Coast Guard docket 

number USCG–2007–0074 to the Docket 

Management Facility at the U.S. 

Department of Transportation. To avoid 

duplication, please use only one of the 

following methods: 

(1) Online: http:// 

www.regulations.gov. 

(2) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590–

0001. 

(3) Hand delivery: Room W12–140 on 

the Ground Floor of the West Building, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The telephone 

number is 202–366–9329. 

(4) Fax: 202–493–2251. 

You must also send comments on 

collection of information to the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget. To 

ensure that the comments are received 

on time, the preferred method is by email at nlesser@omb.eop.gov or fax at 

202–395–6566. An alternate, though 

slower, method is by U.S. mail to the 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, 725 17th Street, NW., 

Washington, DC 20503, ATTN: Desk 

Officer, U.S. Coast Guard. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call Lieutenant Commander Mike 

McBrady, Waterways Management 

Division, Coast Guard Sector New York 

(718) 354–2353. If you have questions 

on viewing or submitting material to the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

(202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information that you have 

provided. We have an agreement with 

the Department of Transportation (DOT) 

to use the Docket Management Facility. 

Please see DOT’s ‘‘Privacy Act’’

paragraph below. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2007–0074), 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. We recommend that you 

include your name and a mailing 

address, an e-mail address, or a phone 

number in the body of your document 

so that we can contact you if we have 

questions regarding your submission. 

You may submit your comments and 

material by electronic means, mail, fax, 

or delivery to the Docket Management 

Facility at the address under ADDRESSES; 

but please submit your comments and 

material by only one means. If you 

submit them by mail or delivery, please 

submit them in an unbound format, no 

larger than 81⁄2 by 11 inches, suitable for 

copying and electronic filing. If you 

submit them by mail and would like to 

know that they reached the Facility, 

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. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov at any time. 

Enter the docket number for this 

rulemaking (USCG–2007–0074) in the 

Search box, and click ‘‘Go >>.’’ You may 

also visit either the Docket Management 

Facility in Room W12–140 on the 

ground floor of the DOT West Building, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays; or the 

Waterways Management Division, Coast 

Guard Sector New York, 212 Coast 

Guard Drive, Staten Island, NY 10305 

between 9 a.m. and 3 p.m., Monday 

through Friday, except Federal holidays. 

Privacy Act 

Anyone can search the electronic 

form of all comments received into any 

of our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review the 

Department of Transportation’s Privacy 

Act Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477), or you may visit http:// 

DocketsInfo.dot.gov. 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one to the Docket Management 

Facility 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 

On September 11, 2001, three 

commercial aircraft were hijacked and 

flown into the World Trade Center in 

New York City, and the Pentagon, 

inflicting catastrophic human casualties 

and property damage. National security 


jlentini on PROD1PC65 with PROPOSALS
24890 Federal Register / Vol. 73, No. 88 / Tuesday, May 6, 2008 / Proposed Rules 

and intelligence officials warn that 

future terrorist attacks are likely. The 

President has continued the national 

emergencies he declared following the 

September 11, 2001 terrorist attacks. 

See, Continuation of the National 

Emergency with Respect to Certain 

Terrorist Attacks (72 FR 52465, 

September 13, 2007); Continuation of 

the National Emergency With Respect 

To Persons Who Commit, Threaten To 

Commit, Or Support Terrorism (72 FR 

54205, September 21, 2007). The 

President also has found pursuant to 

law, including the Magnuson Act (50 

U.S.C. 191 et seq.), that the security of 

the United States is endangered by 

disturbances in international relations 

that have existed since the 2001 terrorist 

attacks and such disturbances continue 

to endanger such relations. Executive 

Order 13273 of August 21, 2002, Further 

Amending Executive Order 10173, as 

Amended, Prescribing Regulations 

Relating to the Safeguarding of Vessels, 

Harbors, Ports, and Waterfront Facilities 

of the United States (67 FR 56215, 

September 3, 2002). 

Following the September 11th attacks, 

we published a temporary final rule (66 

FR 51558, October 10, 2001) that 

established a temporary regulated 

navigation area, and safety and security 

zones in the New York Marine 

Inspection and Captain of the Port New 

York Zones. These measures were taken 

to safeguard human life, vessels and 

waterfront facilities from sabotage or 

terrorist acts. That temporary final rule 

was subsequently revised (67 FR 16016, 

April 4, 2002; 67 FR 53310, August 15, 

2002) to extend its effective period 

through December 31, 2002. 

On November 27, 2002, we published 

a notice of proposed rulemaking 

(NPRM) entitled ‘‘Safety and Security 

Zones; New York Marine Inspection 

Zone and Captain of the Port Zone’’ in 

the Federal Register (67 FR 70892). The 

NPRM proposed to revise safety and 

security zones around designated 

vessels to include specific regulations 

for Liquefied Hazardous Gas (LHG) 

vessels and Designated Vessels and to 

establish Safety and Security Zones at 

Indian Point Nuclear Power Station, 

U.S. Coast Guard Cutters and Shore 

Facilities, commercial waterfront 

facilities, Liberty and Ellis Islands, 

bridge piers and abutments, overhead 

power cable towers, tunnel ventilator 

and the New York City Passenger Ship 

Terminal, Hudson River, NY. We 

received no letters commenting on the 

proposed rule. No public hearing was 

requested and none was held. On 

January 22, 2003, we published a final 

rule entitled ‘‘Safety and Security 

Zones; New York Marine Inspection 

Zone and Captain of the Port Zone’’ in 

the Federal Register (68 FR 2886). That 

rule established permanent safety and 

security zones at the locations above. 

The Coast Guard (USCG) proposes to 

make 11 distinct changes to current 

safety and security zone regulations in 

33 CFR part 165 to improve maritime 

security and reduce unnecessary 

burdens imposed by current security 

zones. 

Disestablishment of 33 CFR 165.160: 

Safety and security zones around LHG 

Vessels, LHG Facilities, and Designated 

Vessels are currently codified in 33 CFR 

165.160. This proposed rule would 

revise and relocate each of these 

§ 165.160 provisions to a single New 

York Marine Inspection Zone and 

Captain of the Port safety and security 

zone regulation found at 33 CFR 

165.169, rendering the current 

regulations found at 33 CFR 165.160 

unnecessary. This regulatory change is 

proposed to consolidate similar 

regulations for the benefit of 

enforcement authorities and the 

regulated public. 

Commercial Waterfront Facilities: As 

discussed earlier in this preamble, the 

safety and security zones around 

commercial waterfront facilities were 

made permanent by publication of a 

final rule in the Federal Register on 

January 22, 2003. This measure provides 

safety and security zones for, ‘‘* * * all 

piers, wharves, docks and similar 

structures to which barge, ferry or other 

commercial vessels may be secured 

***’’ (33 CFR 165.169(a) (3)) These 

measures were deemed appropriate 

based on the threat and risk analyses 

available to the Captain of the Port at 

the time. The notice of proposed 

rulemaking for that regulatory action 

was published in the Federal Register 

on November 27, 2002 (67 FR 70892), in 

preparation for the expiration of the 

temporary safety and security zone 

regulations on December 31, 2002. 

On November 25, 2002, President 

George W. Bush signed into effect 

Public Law 107–295, the Maritime 

Transportation Security Act (MTSA) of 

2002, which required the Secretary of 

the Department in which the Coast 

Guard is operating to issue an interim 

rule as a temporary regulation to 

implement the Port Security Section of 

the Act. To meet this requirement, on 

July 1, 2003, the Coast Guard published 

six interim rules in the Federal Register 

(68 FR 39240, 39284, 39292, 39315, 

39338, and 39353). To determine the 

applicability of these regulations to 

waterfront facilities, the Coast Guard 

conducted an exhaustive, multi-tiered 

risk analysis. The details of this 

assessment can be found in the 

‘‘Applicability of National Maritime 

Security Initiatives’’ section of the 

interim rule titled ‘‘Implementation of 

National Maritime Security Initiatives’’

(68 FR 39240, July 1, 2003). 

On October 22, 2003 the Coast Guard 

published a final rule, entitled ‘‘Facility 

Security’’ in the Federal Register (68 FR 

60515), establishing permanent 

regulations for facility security at 33 

CFR part 105. These MTSA regulations 

included specific measures for security 

at a particular group of waterfront 

facilities, based on the comprehensive 

risk-based assessment referenced above. 

Section 105.200 of 33 CFR requires 

owners or operators of these facilities to, 

among other things, designate Facility 

Security Officers (FSO) for facilities, 

develop Facility Security Plans (FSP) 

based on security assessments and 

surveys, implement security measures 

specific to the facility’s operations, and 

comply with Maritime Security Levels. 

Additionally, 33 CFR 105.275 mandates 

that facilities subject to the MTSA must 

have the capability to continuously 

monitor, among other things, the 

facility’s approaches on land and water, 

and vessels at the facility and areas 

surrounding the vessels. 

A large number of areas that currently 

fall within the definition of Commercial 

Waterfront Facility under 33 CFR 

165.169 and are thereby protected by a 

Coast Guard safety and security zone, 

are areas proposed for or currently 

designed to provide recreational and 

public waterway access. A great variety 

of piers, wharves, docks, and bulkheads, 

designed and utilized primarily as 

recreational areas are capable of 

accepting commercial vessels as 

currently defined in regulation, even 

though such operations rarely, if ever, 

occur. Safety and security zones in these 

areas unduly restrict the general 

public’s access, cause confusion as to 

which areas are regulated, and create 

significant, unwarranted enforcement 

burdens on Coast Guard and local law 

enforcement resources. Furthermore, 

Resolution 05–01 of the U.S. Coast 

Guard Commandant’s Navigation Safety 

Advisory Council (NAVSAC), contained 

in the September 2005 NAVSAC 

Meeting Summary (available online at 

http://homeport.uscg.mil), 

recommended that the Coast Guard 

conduct a review of safety and security 

zones to ensure modification or removal 

of zones that unduly restrict commercial 

vessel operations or are no longer 

needed following enactment of the 

MTSA, 2002 regulations. 

For these reasons, we propose to 

revise the language governing facility 

safety and security zones to remove the 

broad definition currently contained 


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within the regulations, largely replacing 

it with the class of facilities determined 

to require additional security measures 

by the MTSA regulations developed for 

this purpose. This tailored class of 

commercial waterfront facilities would 

only include those facilities regulated 

by the MTSA facility security 

regulations codified in 33 CFR part 105 

and those facilities designated as a 

‘‘public access facility’’ under that 

definition in 33 CFR 101.105. For public 

identification purposes, all of these 

facilities are required to have signs 

posted along the shoreline, facing the 

water, indicating that there is a 25-yard 

waterfront security zone surrounding 

the facilities. 

Liberty and Ellis Islands: The current 

150-yard security zones around Liberty 

and Ellis Islands became effective on 

January 1, 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 October 

1, 2003, the United States Department of 

the Interior’s National Park Service 

requested the 150-yard security zones 

around Liberty and Ellis Islands, 

currently found in 33 CFR 165.169(a)(4), 

be expanded to 400 yards. Additionally, 

they requested that all recreational 

vessels and other watercraft be 

prohibited from anchoring in the area 

surrounding Liberty and Ellis Islands or 

at least be restricted to anchoring no 

closer than 1,000 yards from the islands. 

They reported that the high volume of 

boat traffic still authorized to operate in 

close proximity of the two islands made 

it difficult to provide a secure 

environment for these historic sites and 

the public that routinely visits them. 

This request was submitted via the U.S. 

Park Police (USPP) who is responsible 

for security at the two islands. 

On November 25, 2003, the Coast 

Guard met representatives from the 

USPP to discuss their proposal. The 

Coast Guard and USPP agreed upon the 

following conditions for the proposed 

expansion of the boundary of the safety/ 

security zone from 150 yards to 400 

yards: 

• Marine events that have normally 

been held within 400 yards of either 

island would be allowed to continue 

after the marine event application is 

approved by the Captain of the Port 

New York. 

• No new marine events would be 

authorized without collaborative 

approval of both the USCG and USPP. 

• The USPP would provide 

unclassified information regarding their 

blast radius data and security 

information for public dissemination. 

• The USPP would share technology 

links with the Coast Guard Vessel 

Traffic Center New York to enhance 

security. 

• An additional meeting would be 

scheduled with annual event sponsors 

and sailing schools to discuss these 

issues and to provide alternative 

locations for their vessels and events. 

On December 4, 2003, the Coast 

Guard met with the USPP, Manhattan 

Sailing Club, Manhattan Sailing School, 

and the Sandy Hook Bay Catamaran 

Club. The Jersey City Office of Cultural 

Affairs and the Liberty World Challenge 

sponsor were invited but could not 

attend. Over 50 marine events are held 

each year within the proposed 

expanded security zone. Six event 

sponsors hold most of these events and 

the majority of these are sponsored by 

the Manhattan Yacht Club in the form 

of weekly sailing regattas. 

The USPP reiterated their request for 

the zone expansion to 400 yards due to 

a threat assessment conducted by the 

U.S. Department of Defense’s Defense 

Threat Reduction Agency. The analysis 

concluded that an explosion from a 

vessel within close proximity to Liberty 

or Ellis Island would result in loss of 

life and injury to visitors and staff on 

the islands as well as severe structural 

damage to the Statue of Liberty and 

numerous historic buildings on Ellis 

Island. These include the American 

Family Immigration History Center 

containing manifests of 25 million 

immigrants, passengers, and crew 

members who entered New York Harbor 

between 1892 and 1924 and 30 other 

remaining buildings planned for reuse. 

The plan is available online at: http:// 

parkplanning.nps.gov/projectHome.

cfm?parkID=277&projectId=18591. 

Information from the Defense Threat 

Reduction Agency assessment is 

available in the docket available at the 

location under ADDRESSES. The 

proposed expanded security zone would 

greatly reduce the potential impacts of 

such a blast and improve the USPP’s 

response capability to incursions of the 

security zone. 

The Coast Guard and USPP agreed to 

the following conditions pending 

establishment of the proposed expanded 

security zone: 

• Annual events would be authorized 

upon review, and approval of, the 

sponsor’s marine event application. 

This review would additionally include 

a review of all personnel and equipment 

participating within the zone using the 

measures for granting security zone 

access at all other security zones within 

the Captain of the Port Zone. 

• Only new events with a regional or 

national significance would be 

authorized and only after both the Coast 

Guard and USPP approve the request. 

• The Statue of Liberty Race, 

sponsored by the Sandy Hook Bay 

Catamaran Club, would be required to 

place buoys at the site of the current 

150-yard security zone to help 

participants maintain a distance of 150 

yards from the Islands during the race. 

At the December 4, 2003, meeting, 

and in a follow-up letter dated 

December 8, 2003, the Manhattan 

Sailing Club Commodore questioned the 

effectiveness of the proposed zone in a 

realistic threat situation. He believed the 

current 150-yard security zones were to 

be temporary measures and was 

adamantly opposed to their expansion. 

He stated that the protected cove north 

of Ellis Island is critical to all local 

sailing school operations as it provided 

the only waters in the harbor out of the 

commercial shipping lanes with enough 

depth and protection from the current. 

He stated that the proposed expanded 

zone would force recreational vessels 

into the shipping channels and 

‘‘significantly impact the quality of life’’

of NYC recreational sailors. He also 

stated that security measures had been 

reduced at the Holland Tunnel and the 

AT&T Building while heavy barriers at 

the New York Stock Exchange had been 

replaced with attractive iron railings 

and that there had been no new 

justification to put forth any expansion 

of the security zones in New York 

Harbor. Additionally, he asked why 

there is any security zone around Ellis 

Island as it is not the same target threat 

and does not have the same security 

needs. 

In a subsequent follow-up letter dated 

December 18, 2003, the Commodore 

stated that the sailing club held an 

emergency Board of Directors meeting 

on December 15, 2003. It was the 

Board’s opinion that the security zones 

should not be increased as they had not 

seen any evidence why an increase 

would be in the best interests of the 

harbor. Along with the previously stated 

remarks they also stated the club had 

invested more than $500,000 in their 

mooring barge to the north of Ellis 

Island for club activities and that any 

expansion of the security zone or 

rescinding of the Federally Designated 

Anchorages would make it no longer 

feasible to moor their sailing barge in 

the cove and would jeopardize their 

ability to generate income to repay 

construction loans. 

On December 29, 2003, the USCG 

responded to the two letters submitted 

by the Manhattan Sailing Club. The 

Coast Guard stated that the 

disestablishment of the current 150-yard 

security zones around Liberty and Ellis 


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Islands were not feasible at that time 

and would likely remain in effect for an 

undetermined time. 

On January 14, 2004, the USCG 

notified the USPP, in consultation with 

the First Coast Guard District Homeland 

Security Office, that the USCG would 

propose the security zones be expanded 

around Liberty and Ellis Islands out to 

400-yards, with the exception that the 

northern boundary of Ellis Island would 

only extend 250 yards, being that from 

a maritime Homeland Security 

perspective Ellis Island is not as great a 

security risk as is the Statue of Liberty. 

The increase of 100 yards on the north 

side of Ellis Island would allow for the 

continued recreational use of the 

Manhattan Sailing Club barge by the 

sailing community. 

On January 27, 2004, the USPP 

submitted a letter to the USCG 

reiterating their request for a 400-yard 

security zone around Liberty and Ellis 

Islands due to the Blast Analysis 

discussed above. The USPP also 

confirmed they would notify the USCG 

regarding special events that involve 

either Liberty or Ellis Island when 

additional ferries would be in use. 

On February 24, 2004, the Coast 

Guard received another letter from the 

USPP. The letter stated that although 

the 400-yard zone around both islands 

was preferred, the USPP felt the 250- 

yard zone north of Ellis Island was 

acceptable and would hopefully satisfy 

the concerns of all interested parties. 

The USPP agreed to host a public 

meeting with interested members of the 

maritime community to discuss the 

security zone expansion around Liberty 

and Ellis Island, and provide the Coast 

Guard with final recommendations 

following that meeting. Subsequently, 

the USPP became involved in extensive 

shore side security improvements 

surrounding the reopening of Liberty 

Island to visitors, and the public 

meeting concerning waterside security 

enhancements was postponed pending 

final resolution of those more 

immediate security concerns. 

In September 2005, presentations 

concerning proposed changes to the 

current security zones were given to the 

New York/New Jersey Area Maritime 

Security Committee and the Harbor 

Safety, Navigation and Operations 

Committee. Other stakeholders in the 

maritime community were also 

reengaged. Following a meeting between 

the Coast Guard, the USPP, and the 

Department of Defense (DoD) Threat 

Reduction Agency, new security zone 

dimensions were developed that 

balanced the security requirements of 

the USPP with the desires of the 

maritime community. 

As an outcome of these discussions, 

the Coast Guard proposes to merge the 

existing Liberty and Ellis Island security 

zones, concurrent to an expansion of the 

Liberty Island Zone, in order to provide 

the minimum distances required to 

ensure the protection of these national 

monuments. 

NYC Passenger Ship Terminal: The 

NYC Passenger Ship Terminal safety 

and security zones are currently 

codified at 33 CFR 165.169(a)(6). The 

area covered by the current safety and 

security zone extends over 250 yards 

from the facility. However, this zone is 

only enforced when cruise ships are 

present. 

In the interest of protecting this highinterest facility, we propose to revise the 

regulation to make this zone subject to 

enforcement at all times. In so doing, 

and to provide for the safe use of the 

waterway by all parties, the dimensions 

of this permanent zone would be 

significantly reduced to reflect the 

current protection needs of the 

Passenger Ship Terminal. 

The proposed revision will reduce the 

zone size to extend up to 150 yards into 

the waterway. The northern boundary of 

the proposed zone would move from 

Pier 96 south to approximately 50 yards 

north of Pier 92, opening a 50-yard band 

of waterway for public access to the 

south face of Pier 94. The southern 

boundary would be moved north from 

Pier 84 to include a 25-yard perimeter 

south of the Intrepid Sea, Air, and Space 

Museum, opening a 50-yard band of 

waterway for public access north of Pier 

84. 

A permanently activated zone in this 

area is necessary, in part, due to the 

varied mooring configurations of cruise 

ships parallel to and inside the 

Passenger Ship Terminal Piers. Vessels 

transiting on the Hudson River cannot 

always easily judge whether ships are 

berthed, and thereby whether the 

current safety and security zone is 

activated and therefore subject to 

enforcement. This fact also justifies the 

maintenance of a zone greater than the 

25-yard MTSA Facility zone, sufficient 

for other cruise ship berthing facilities 

at times where no cruise ship is present. 

A permanent zone would also allow the 

FSO at the Passenger Ship Terminal to 

work with the Captain of the Port to 

remove suspicious vessels, even when 

no cruise ship is at berth. 

LHG Vessels: Safety and security 

zones for LHG Vessels are currently 

codified in 33 CFR 165.160. For reasons 

discussed elsewhere in this preamble, 

we propose to move these regulations 

with revisions to the regulations found 

at 33 CFR 165.169. Revisions are also 

proposed to provide a detailed 

definition of ‘‘LHG Vessel,’’ and to 

ensure the regulation conforms to 

enforcement practices. The language 

regarding LHG Facilities will be 

removed, as these facilities will 

continue to be protected by safety and 

security zones contained in 33 CFR part 

105 (MTSA, 2002 regulations). 

Cruise Ships: Though no specific 

regulation exists within the New York 

Captain of the Port Zone for cruise 

ships, 33 CFR 165.160 does have 

provisions for Designated Vessels, 

among which are vessels with a 

passenger capacity of over 500. 

Following many other Captains of the 

Port throughout the Nation, we propose 

to incorporate specific language for the 

protection of the many cruise ships and 

high-capacity passenger vessels that 

visit the Port of New York and New 

Jersey. 

The current Designated Vessel safety 

and security zones require the Captain 

of the Port to specifically designate a 

particular vessel to be covered by a 

Designated Vessel safety and security 

zone. This proposed rule would define 

the term ‘‘cruise ship’’ so as to include 

that class of vessel readily identifiable 

to the regulated public as such. This 

proposed rule would also render the 

safety and security zones activated and 

subject to enforcement at all times when 

such a vessel is within the navigable 

waters of the United States (see 33 CFR 

2.36(a) to include the 12 NM territorial 

sea) in the New York Captain of the Port 

Zone (33 CFR 3.05–30). This safety and 

security zone is necessary to provide 

security protection for cruise ships at 

berth in locations where full, permanent 

security zones around the facilities 

would be overly restrictive when no 

cruise ship is present, and thereby not 

justified in the interest of the Port as a 

whole. This proposed change would 

decrease the size of the security zone 

around the NY Passenger Ship Terminal 

when passenger ships are not docked 

there as a reduced zone is sufficient to 

provide the necessary facility security. 

The reduced size of the zone allows for 

greater movement of vessels in a highly 

congested area. Similarly, the provision 

of a security zone around cruise ships 

within the New York Captain of the Port 

Zone removes the need to maintain a 

security zone around the Brooklyn 

Cruise Terminal on Buttermilk Channel 

when cruise ships are not present. 

Otherwise, to establish a similar 

permanent security zone around the 

Brooklyn Cruise Terminal on Buttermilk 

Channel would effectively close down 

75 percent of the 500-foot-wide 40-foot 

project channel. This would force 

deeper draft vessels to transit between 

Governors Island and The Battery in 


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Manhattan en route to facilities on the 

East River and create numerous close 

quarters passing situations between the 

ships and commuter ferry operations in 

the vicinity of The Battery. 

Additionally, vessels calling on the Red 

Hook Container Terminal, adjacent to 

the Brooklyn Cruise Terminal, would 

then need to navigate around Dimond 

Reef which is not considered a safe 

navigational practice for deep draft 

vessels by any federal or state licensed 

pilot organization. 

Designated Vessels: Currently, under 

the regulations found at 33 CFR 

165.160, the Captain of the Port may 

designate certain vessels to receive a 

100-yard safety and security zone. For 

reasons discussed elsewhere in this 

preamble, we propose to revise these 

regulations and move them to 33 CFR 

165.169(a)(15). The proposed regulation 

would limit the type of vessels that may 

be so designated to small passenger 

vessels (authorized to carry more than 

400 passengers and less than 200 feet in 

length), vessels carrying foreign 

dignitaries or government officials 

requiring protection, vessels carrying 

petroleum products, chemicals or other 

hazardous cargo, including, but not 

limited to, cargo ships and barges 

carrying bridge spans and large shore 

side container cranes that significantly 

increase the length or beam of the vessel 

and decrease its maneuverability. We 

propose to remove the existing language 

regarding Designated Vessels as being 

certificated to carry 500 or more 

passengers as these types of vessels 

would be covered in the proposed 

regulation for Cruise Ships. These 

proposed Designated Vessels would be 

readily recognizable either by the large 

crane or bridge structures onboard or, 

for the vessels carrying flammable or 

hazardous cargo, by the flying of the 

Bravo flag (red international signal 

pennant) from the outermost halyard 

(above the pilot house) where it can 

most easily be seen. The Captain of the 

Port would also notify the maritime 

community of periods during which this 

zone would be enforced by methods in 

accordance with 33 CFR 165.7. Similar 

to the proposed rule for cruise ships, 

these safety and security zones would 

be activated and subject to enforcement 

at all times when such a vessel is within 

the navigable waters of the United 

States in the New York Captain of the 

Port Zone. 

134th Street Pipeline Metering and 

Regulating Station: Although not 

specifically regulated under MTSA 

2002, we propose to establish a 25-yard 

security zone surrounding the 134th 

Street Pipeline Metering and Regulating 

Station Pier. This security zone is 

currently established under a regulation 

for commercial waterfront facilities 

found in 33 CFR 165.169(a)(3). Under a 

change proposed to that regulation 

discussed earlier in this preamble, that 

coverage would be terminated as this 

pipeline station does not currently fall 

under the provisions of 33 CFR part 105 

(MTSA Facilities). A security zone at 

this facility, which is primarily 

regulated by the Federal Energy 

Regulatory Commission, is necessary to 

ensure the continued safety and security 

of navigation and the large number of 

industrial, commercial, and residential 

customers that would be affected by 

damage to this pipeline. 

The Captain of the Port will be 

assisted in monitoring the safety and 

security zone by the pipeline operating 

company and the New York City Police 

Department. The proposed security zone 

would establish unambiguous Federal 

regulation to allow the Captain of the 

Port to assist pipeline security 

personnel and NYPD in preventing 

unauthorized waterside access to this 

facility. 

Naval Weapons Station Earle: The 

Coast Guard first established a Security 

Zone restriction in this location on July 

1, 1972 (under 33 CFR 127.301, 37 FR 

16675, Aug. 18, 1972). This regulation 

was subsequently re-designated by the 

Coast Guard on June 30, 1982 (33 CFR 

165.301, 47 FR 29659, July 8, 1982) and, 

again on July 6, 1987 (52 FR 25216). 

This security zone is currently codified 

at 33 CFR 165.130. 

On July 28, 2003, the United States 

Army Corps of Engineers created a 

Restricted Area around this Naval 

installation, published at 33 CFR 

334.102 (68 FR 37970, June 26, 2003). 

The Army Corps of Engineers’

Restricted Area covers a portion of the 

waterway slightly larger than the 

current Coast Guard Security Zone. We 

propose to modify the Coast Guard 

Security Zone found at 33 CFR 165.130 

to align with that of the Army Corps of 

Engineers to provide unambiguous 

concurrent enforcement capability for 

both Coast Guard and DoD patrol craft. 

Additional Consistency Modifications: 

We propose to tailor the scope of 

specific safety and security zones to 

optimize effective enforcement and to 

harmonize these zones with the 

assessment of facilities covered by 33 

CFR part 105 (MTSA Regulations) that 

warrant increased security protection. In 

addition, the safety and security zones 

described in 33 CFR 165.160 would be 

revised and moved into 33 CFR 165.169 

to consolidate similar safety and 

security zone-related regulations within 

one New York Marine Inspection and 

Captain of the Port Zone safety and 

security zone regulation. Once 

consolidated, the existing regulations in 

33 CFR 165.160 would be removed. 

Waterfront Heliports: Additionally, 

although not specifically regulated 

under MTSA 2002, we propose to 

establish 25-yard security zones 

surrounding the four waterfront 

heliports currently operating at 

Manhattan Island and Jersey City, New 

Jersey by creating a separate regulation 

for these heliports in 33 CFR 

165.169(a)(17). These security zones are 

currently covered under regulations for 

commercial waterfront facilities in 33 

CFR 165.169(a)(3). However, under the 

proposed changes to that regulation 

discussed above, the coverage would 

inadvertently be terminated because not 

all heliports currently fall under the 

provisions of 33 CFR part 105 (MTSA 

Facilities). Therefore, this proposed 

section is necessary to ensure security 

zones for these facilities remain in place 

as although the waterfront heliports are 

primarily regulated by the 

Transportation Security Administration, 

the security zones are necessary to 

ensure the continued safety and security 

of both general aviation as well as 

recently-approved and planned 

commuter flight services. 

The Captain of the Port will be 

assisted in monitoring the safety and 

security zones around these heliports by 

the FSO or other person responsible for 

security at each facility. The proposed 

security zone would establish 

unambiguous Federal regulation to 

allow the Captain of the Port to assist 

facility security personnel in preventing 

unauthorized waterside access to these 

facilities. 

Discussion of Proposed Rule 

We have discussed the nature of the 

proposed rule above in our discussion 

of the background and purpose section. 

This section describes the specific 

revisions that would be made by the 

proposed regulatory text that appears at 

the end of this document. 

Disestablishment of 33 CFR 165.160: 

The Liquefied Hazardous Gas vessel or 

LHG facility, and Designated Vessels 

regulations in 33 CFR 165.160 would be 

revised and modified and moved into 33 

CFR 165.169(a)(13) through (a)(15). The 

specific changes to be reflected in the 

new proposed regulations are discussed 

in the LHG Vessels, Cruise ships, and 

Designated vessels sections below. 

Commercial Waterfront Facilities: 

Under this proposed regulation, we 

would revise 33 CFR 165.169(a)(3) to 

allow certain vessels to enter the 

security zones around Commercial 

Waterfront Facilities with the 

authorization of the Facility Security 


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Officer (FSO). Such authorization from 

the FSO would allow entry into the 

security zone without requiring express 

Captain of the Port approval. Active 

participation in authorized vessel-tofacility transfer operations, authorized 

vessel docking or undocking operations, 

authorized vessel to vessel transfer 

operations, and other routine waterfront 

operations specified in the Captain of 

the Port approved Facility Security Plan 

would all be permitted without 

individual vetting and approval of the 

Captain of the Port. It would be a 

violation of this safety and security zone 

regulation for any of these activities to 

occur within the safety and security 

zone without FSO authorization. For all 

other activities that vessels or personnel 

would require access to the safety and 

security zone, the Captain of the Port 

would require confirmation from the 

FSO that the personnel and vessels 

intending to occupy the safety and 

security zone have been screened 

according to the previously established 

measures for granting facility access. 

Such measures for granting facility 

access must be approved by the Coast 

Guard as part of the facility’s Facility 

Security Plan (FSP) and be appropriate 

to the given Maritime Security Level. 

Liberty and Ellis Islands: Liberty and 

Ellis Island are currently provided a 

safety and security zone extending 150 

yards around each island in 33 CFR 

165.169(a)(4). We propose to revise that 

regulation and merge the two separate 

zones into a single zone while 

expanding the size of the security zone 

around Liberty Island. The resultant 

security zone would maintain current 

boundaries north and east of Ellis Island 

and increase the security zone size east 

and south of Liberty Island, to include: 

waters up to 400 yards east of Liberty 

Island; the connecting waters between 

Ellis and Liberty Island; all waters north 

of the National Dock Channel; and all 

waters between Liberty and Ellis Islands 

and Liberty State Park, New Jersey. 

The proposed safety and security zone 

is necessary to protect each Island, the 

bridge between Liberty State Park and 

Ellis Island, authorized sightseeing 

vessels operating at each island, others 

in the maritime community, and the 

surrounding communities from 

subversive or terrorist attack against the 

islands that could potentially cause 

serious negative impact to vessels, the 

port, or the environment. Annual 

marine events and fireworks displays 

within approved firework zones will 

continue to be permitted through the 

Coast Guard marine event permitting 

process, however all event participants 

and equipment will be subject to 

Captain of the Port and or U. S. Park 

Police review for security zone access. 

New events for which access to this area 

is necessary will be considered in 

consultation with the USPP, and an 

application for a Coast Guard marine 

event permit may be denied for security 

reasons as a result of such consultation. 

Vessels would not be precluded from 

mooring at or getting underway from 

commercial or recreational piers in the 

vicinity, but outside of the zone. 

NYC Passenger Ship Terminal: 

Currently, the Passenger Ship Terminal 

safety and security zone found at 33 

CFR 165.169(a)(6) extends 

approximately 280 yards into the 

Hudson River from Pier 96 to Pier 84 

and is activated only when a cruise ship 

is present at berth or when the Intrepid 

Sea, Air and Space Museum is being 

utilized as an Emergency Operations 

Center. To eliminate undue restrictions 

on commercial and recreational 

navigation, we propose to reduce the 

zone to extend to only a maximum of 

150 yards into the Hudson River from 

approximately 50 yards north of Pier 92 

south to approximately 50 yards south 

of Pier 86, including a 25 yard perimeter 

around the Intrepid Sea, Air, and Space 

Museum. We further propose removing 

the activation criteria so that the zone is 

permanently enforceable. This change is 

proposed to offer an unchanging zone, 

which would enhance compliance by 

the regulated public and eliminate 

ambiguity for enforcement personnel. 

LHG Vessels: Safety and security zone 

regulations for LHG Vessels and 

Facilities are currently found at 33 CFR 

165.160. We propose to relocate these 

regulations to 33 CFR 165.169(a)(13). 

Additionally, the current regulation 

establishes a 200-yard security zone 

around all LHG Vessels and Facilities. 

This proposed revision would limit the 

security zone around moored LHG 

Vessels to 100-yards due to the 

constraints on vessel traffic movement 

around such facilities, and in keeping 

with current enforcement practice. 

Language incorporating the LHG facility 

itself will be removed, as these facilities 

will be protected when no LHG Vessel 

is present, by the MTSA Facility safety 

and security zone discussed earlier in 

this preamble. 

The enforcement period for the 

proposed revised regulation would be at 

all times while the LHG vessel is within 

the navigable waters of the United 

States (see 33 CFR 2.36(a) to include the 

12 NM territorial sea) in the New York 

Captain of the Port Zone (33 CFR 3.05–

30), and notice will continue to be made 

in accordance with 33 CFR 165.7. These 

tank vessels are readily identifiable to 

the public by the requirement that they 

fly the Bravo flag (red international 

signal pennant) from an outermost 

halyard above the pilothouse where it 

can most easily be seen. 

Cruise Ships: There is currently no 

specific regulation in the New York 

Captain of the Port Zone for safety and 

security around cruise ships. Current 

safety and security zone regulations for 

Designated Vessels in 33 CFR 165.160 

include vessels certificated to carry 500 

or more passengers. We propose to 

create specific regulations for cruise 

ships, to fall under 33 CFR 165.169. 

We propose to define a ‘‘cruise ship’’

as a passenger vessel (as defined in 46 

U.S.C. 2101(22)) that is authorized to 

carry more than 400 passengers for hire 

and is 200 feet or more in length. This 

definition of ‘‘cruise ship’’ will include 

ferries (as defined in 46 CFR 2.10–25) 

that are authorized to carry more than 

400 passengers for hire and are 200 feet 

or more in length. Similar to the LHG 

Vessel zone, this proposed zone would 

be activated and subject to enforcement 

at all times a cruise ship is underway, 

anchored or moored within the 

navigable waters of the United States in 

the New York Captain of the Port Zone. 

Designated Vessels: Safety and 

security zone regulations for Designated 

Vessels are currently found in 33 CFR 

165.160. We propose to revise and 

relocate these regulations to 33 CFR 

165.169(a)(15). The current regulation 

limits the application of Designated 

Vessel status to vessels certificated to 

carry 500 or more passengers; vessels 

carrying government officials or 

dignitaries requiring protection by the 

U.S. Secret Service, or other Federal, 

State or local law enforcement agency; 

and barges or ships carrying petroleum 

products, chemicals, or other hazardous 

cargo. The proposed changes to this 

regulation would remove the language 

regarding vessels certificated to carry 

500 or more passengers as this would be 

covered elsewhere in the regulations for 

Cruise Ships, and add passenger vessels 

authorized to carry more than 400 

passengers and are less than 200 feet in 

length. In addition, the proposed change 

would clarify that ships and barges 

carrying petroleum products, chemicals 

or other hazardous cargo would be 

identifiable to the public by the 

requirement that the vessel fly the Bravo 

flag (red international signal pennant) 

from an outermost halyard above the 

pilot house where it can most easily be 

seen. Vessels carrying government 

officials, dignitaries requiring 

protection, or passenger vessels as 

defined in 46 U.S.C. 2101(22), that are 

authorized to carry more than 400 

passengers and are less than 200 feet in 

length, will be recognizable to the 

public as the vessel will be escorted by 


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a federal, state or local law enforcement 

vessel identifiable by flashing light, 

siren, special markings or other means 

that identify the vessel as engaged in 

law enforcement or security operations. 

134th Street Pipeline Metering and 

Regulating Station: Although not 

specifically regulated under MTSA 

2002, we propose to retain the 25-yard 

security zone surrounding the 134th 

Street Pipeline Metering and Regulating 

Station Pier. This security zone is 

currently covered under regulation 

pertaining to commercial waterfront 

facilities found in 33 CFR 165.169(a)(3). 

Under a change proposed to that 

regulation discussed earlier in this 

preamble, that coverage would be 

terminated because this pipeline station 

does not currently fall under the 

provisions of 33 CFR part 105 (MTSA 

Facilities). A security zone at this 

facility, which is primarily regulated by 

the Federal Energy Regulatory 

Commission, is necessary to ensure the 

continued safety and security of 

navigation and the large number of 

industrial, commercial, and residential 

customers that would be affected by an 

attack on this pipeline. 

The Captain of the Port will be 

assisted in monitoring the safety and 

security zone by the pipeline operating 

company and the New York City Police 

Department. The proposed security zone 

would establish unambiguous Federal 

regulation to allow the Captain of the 

Port to assist pipeline security 

personnel and NYPD in preventing 

unauthorized waterside access to this 

facility. 

Naval Weapons Station Earle: 

Modifications to the security zone found 

at 33 CFR 165.130(a) are necessary to 

align that zone’s dimensions with those 

of the Restricted Area Regulations found 

in 33 CFR 334.102. This alignment 

would provide unambiguous concurrent 

enforcement capability for both Coast 

Guard and Department of Defense (DoD) 

patrol craft assigned waterside security 

responsibilities in this area. Specifically 

the boundaries of the security zone 

would be altered to include all 

navigable waters of Sandy Hook Bay 

within 750 yards of all Naval Weapons 

Station Earle piers and within Terminal 

Channel leading to the pier at Naval 

Weapons Station Earle, New Jersey. 

Additional Consistency Modifications 

Within 33 CFR 165.169: We propose to 

make certain changes to increase the 

clarity of 33 CFR 165.169. Paragraph 

(b)(3) of that section applies solely to 

the safety and security zone codified in 

33 CFR 165.169(a)(3). Paragraph (b)(3) 

would be removed in light of the 

proposed revisions to paragraph (a)(3). 

Paragraphs (b)(4) and (b)(5) of 33 CFR 

165.169, both of which apply solely to 

the safety and security zone codified at 

33 CFR 165.169(a)(12), would become 

part of paragraph (a)(12). Paragraph 

165.169(c) would similarly be moved to 

become part of 33 CFR 165.169(a)(12). 

Waterfront Heliports: Finally, 

although not specifically regulated 

under MTSA 2002, we propose to retain 

the 25-yard security zones surrounding 

the four waterfront heliports currently 

operating at Manhattan Island and 

Jersey City, New Jersey. These security 

zones are currently covered under 

regulation pertaining to commercial 

waterfront facilities found in 33 CFR 

165.169(a)(3). Security zones at these 

facilities, which are primarily regulated 

by the Transportation Security 

Administration, are necessary to ensure 

the continued safety and security of 

both general aviation as well as 

recently-approved and currentlyconsidered commuter flight services. 

Consultation with the Transportation 

Security Administration and the Port 

Authority of New York and New Jersey 

indicated that retention of the current 

25-yard security zones is warranted. 

The Captain of the Port will be 

assisted in monitoring the safety and 

security zones around these heliports by 

the FSO or other person responsible for 

security at each facility. The proposed 

security zone would establish 

unambiguous Federal regulation to 

allow the Captain of the Port to assist 

facility security personnel in preventing 

unauthorized waterside access to these 

facilities. 

Regulatory Evaluation 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analysis based 

on 13 of these statutes or executive 

orders. 

Executive Order 12866 

This proposed rule is not a 

‘‘significant regulatory action’’ under 

section 3(f) of Executive Order 12866, 

Regulatory Planning and Review, 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. 

We expect the economic impact of 

this proposed rule to be so minimal that 

a full Regulatory Evaluation is 

unnecessary. This finding is based on 

the following facts. Access to all zones 

modified within the proposed 

regulation may be granted through 

coordination with the Captain of the 

Port. With regard to the changes to the 

Commercial Waterfront Facilities, this 

proposed rule would reduce the number 

of safety and security zones around 

commercial waterfront facilities, thereby 

reducing the level of regulatory impact. 

With regard to the expansion of the zone 

at Liberty and Ellis Islands, this 

proposed rule would not infringe on any 

Federal channel and procedures would 

be enacted to provide regulated public 

access to those areas. With regard to the 

changes proposed for the New York City 

Passenger Ship Terminal safety and 

security zone, the proposed rule would 

reduce the size of the regulated area. 

With regard to the changes proposed for 

the inclusion of LHG Vessels, the 

proposed regulation would substitute 

less restrictive regulations for those 

currently in effect. With regard to the 

addition of regulations relating to cruise 

ships, the proposed rule would in effect 

move the current regulation regarding 

cruise ships currently contained in 33 

CFR part 169.160 to the new section 

with modifications to the definition. In 

effect, the rule does not create a new 

type of security zone, rather, it moves an 

existing regulation to another section of 

the code, thereby creating no significant 

change to the security zone 

requirements. With regard to the 

changes proposed for the inclusion of 

the 134th Street Pipeline Metering and 

Regulating Station pier, vessels will be 

able to transit around the zone. With 

regard to the changes proposed for the 

modification to the Security Zone at 

Naval Weapons Station Earle, Sandy 

Hook Bay, New Jersey, this regulation 

proposes only to align restrictions 

applying to a portion of the waterway 

already restricted by other Federal 

regulation. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have 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 portions of the New York 

Captain of the Port Zone deemed by the 

Captain of the Port to present an 


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unacceptable level of risk to the safety 

and security of the general public. 

However, these safety and security 

zones would not have a significant 

economic impact on a substantial 

number of small entities for the reasons 

discussed in the Regulatory Evaluation 

section above. 

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 proposed rule would affect your 

small business, organization, or 

governmental jurisdiction and you have 

questions concerning its provisions or 

options for compliance, please contact 

Lieutenant Commander M. McBrady, 

Waterways Management Division, Coast 

Guard Sector New York (718) 354–2353. 

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. 

Collection of Information 

This proposed rule would call for a 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). As defined in 5 CFR 

1320.3(c), ‘‘collection of information’’

comprises reporting, recordkeeping, 

monitoring, posting, labeling, and other, 

similar actions. The title and 

description of the information 

collections, a description of those who 

must collect the information, and an 

estimate of the total annual burden 

follow. The estimate covers the time for 

reviewing instructions, searching 

existing sources of data, gathering and 

maintaining the data needed, and 

completing and reviewing the 

collection. 

Title: Safety and Security Zones: New 

York Marine Inspection Zone and 

Captain of the Port Zone. 

Summary of the Collection of 

Information: This information collection 

provides the basis for the Captain of the 

Port to asses the security risks posed by 

allowing a vessel to enter the security 

zones established for the Part 105 

Facilities, New York City Passenger 

Ship Terminal, the 134th Street Pipeline 

Metering and Regulation Station and the 

Waterfront Heliports. This risk 

assessment guides the COTP in deciding 

whether or not to authorize entry to the 

requesting person or vessel. 

Need for Information: In accordance 

with 33 U.S.C. 1226, the U.S. Coast 

Guard may establish security and safety 

zones and control access to such zones. 

The information collection allows the 

Captain of the Port to assess security 

risks of allowing persons or vessels to 

access an established zone. 

Proposed Use of Information: The 

information collection will be used to 

monitor what vessels and numbers of 

individuals are within an established 

security zone. 

Description of the Respondents: 

Respondents will be vessel owners or 

operators, and contractors. 

Number of Respondents: Eighty. 

Frequency of Response: Two times 

per week. 

Burden of Response: Approximately 5 

minutes per response. Vessel owners or 

operators and contractors report that 

they are entering the security zone to 

Coast Guard Sector New York by VHF 

Marine Radio or telephone at the 

beginning of their project. The 

information collected includes name of 

caller and contact information, name 

and description of vessel, location of the 

security zone, number of persons 

entering the security zone, reason for 

entering the security zone, and the 

expected amount of time within the 

security zone. There is no instruction 

review necessary for this report. 

Gathering and maintaining data would 

be conducted by the reporting source on 

the way to the security zone. It is 

expected that gathering this information 

would require minimal effort and no 

extra financial resources. 

Estimate of Total Annual Burden: 

Nine hours. 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

3507(d)), we have submitted a copy of 

this proposed rule to the Office of 

Management and Budget (OMB) for its 

review of the collection of information. 

We ask for public comment on the 

proposed collection of information to 

help us determine how useful the 

information is; whether it can help us 

perform our functions better; whether it 

is readily available elsewhere; how 

accurate our estimate of the burden of 

collection is; how valid our methods for 

determining burden are; how we can 

improve the quality, usefulness, and 

clarity of the information; and how we 

can minimize the burden of collection. 

If you submit comments on the 

collection of information, submit them 

both to OMB and to the Docket 

Management Facility where indicated 

under ADDRESSES, by the date under 

DATES. 

You need not respond to a collection 

of information unless it displays a 

currently valid control number from 

OMB. Before the requirements for this 

collection of information become 

effective, we will publish notice in the 

Federal Register of OMB’s decision to 

approve, modify, or disapprove the 

collection. 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this proposed rule under that Order and 

have determined that it does not have 

implications for federalism. 

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 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. 

Taking of Private Property 

This proposed rule would not effect a 

taking of private property or otherwise 

have taking implications under 

Executive Order 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 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Protection of Children 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 


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Indian Tribal Governments 

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. 

We invite your comments on how this 

proposed rule might impact tribal 

governments, even if that impact may 

not constitute a ‘‘tribal implication’’

under the Order. 

Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Commandant Instruction 

M16475.1D which guides the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is not likely to have a 

significant effect on the human 

environment. A preliminary 

‘‘Environmental Analysis Check List’’

supporting this preliminary 

determination is available in the docket 

where indicated under ADDRESSES. We 

seek any comments or information that 

may lead to the discovery or a 

significant environmental impact from 

this proposed rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard 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. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; Public 

Law 107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

2. In § 165.130, revise paragraph (a) to 

read as follows: 

§ 165.130 Sandy Hook Bay, New Jersey—

security zone. 

(a) Naval Ammunition Depot Piers. 

The navigable waters within the 

following boundaries are a security 

zone: A line beginning on the shore at 

40°25′55.6′′ N, 074°04′31.4′′ W; thence to 

40°26′54.0′′ N, 074°03′53.0′′ W; thence to 

40°26′58.0′′ N, 074°04′03.0′′ W; thence to 

40°27′56.0′′ N, 074°03′24.0′′ W; thence to 

40°27′28.3′′ N, 074°02′12.4′′ W; thence to 

40°26′29.2′′ N, 074°02′53′′ W; thence to 

40°26′31.1′′ N, 074°02′57.2′′ W; thence to 

40°25′27.3′′ N, 074°03′41′′ W; thence 

northwest along the shoreline to the 

beginning point. 

* * * * * 

§ 165.160 [Removed] 

3. Remove § 165.160. 

4. Amend § 165.169 as follows: revise 

paragraphs (a)(3), (a)(4), (a)(6), and 

(a)(12); add paragraphs (a)(13) through 

(a)(17); and remove paragraphs (b)(3) 

through (b)(5), and (c), to read as 

follows: 

§ 165.169 Safety and Security Zones: New 

York Marine Inspection Zone and New York 

Captain of the Port Zone. 

(a) * * * 

(3) Part 105 Facilities. (i) Definition. 

For the purposes of this section, Part 

105 Facility means any facility subject 

to the regulations contained in 33 CFR 

part 105, including those designated as 

‘‘Public Access Facilities’’ as defined in 

33 CFR 101.105. For public 

identification purposes, all of these 

facilities are required to have signs 

posted along the shoreline, facing the 

water, indicating that there is a 25 yard 

waterfront security zone surrounding 

the facilities. 

(ii) Location. All waters within 25 

yards of each Part 105 Facility. When a 

barge, ferry, or other commercial vessel 

is conducting transfer operations at a 

Part 105 Facility, the 25-yard zone is 

measured from the outboard side of the 

commercial vessel. 

(iii) Regulations. (A) Vessels not 

actively engaged in passenger, cargo, 

provision, facility maintenance or 

inspection, bunker transfer operations, 

or docking or undocking operations, 

authorized in advance by the Facility 

Security Plan, Facility Security Officer 

or designated representative, must not 

enter within any part of a zone 

described in paragraph (a)(3) of this 

section without the express permission 

of the Coast Guard Captain of the Port, 

a designated representative or 

designated on-scene patrol personnel. 

(B) Persons seeking Captain of the 

Port permission to enter within a 

particular zone for official business 

other than authorized passenger, cargo, 

provision, facility maintenance or 

inspection, bunker transfer operations 

or authorized docking or undocking 

operations may request such 

authorization by contacting: 

Commander Coast Guard Sector New 

York, via the Sector Command Center 

(SCC), at: 212 Coast Guard Drive, Staten 

Island, NY 10305, or via fax to (718) 

354–4125 or by contacting the Sector 

Command Center Duty Officer by phone 

at: (718) 354–4353. Before authorization 

to enter the zone, the Coast Guard will 

evaluate available information, which 

may vary depending on on-scene and 

operational conditions. Vessels 

requesting permission to enter the zone 

should be prepared to communicate 

with the Coast Guard while this 

evaluation process occurs. Information 

the Coast Guard will evaluate in making 

its determination may include the 

manifest of all equipment and personnel 

to be granted access to the area, dates 

and times of access, the purpose for 

which access is requested, and on-scene 

contact information for personnel or 

equipment that will occupy the zone. 

(4) Liberty and Ellis Islands. All 

waters of Upper New York Bay bound 

by the following points: 40°41′25.9′′ N, 

074°03′17.8′′ W; thence along the 

northern edge of National Dock Channel 

passing through National Dock Channel 

Buoy 6 in approximate position 

40°41′20.2′′ N, 074°02′58.2′′ W; thence to 


jlentini on PROD1PC65 with PROPOSALS
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National Dock Channel Buoy 4 in 

approximate position 40°41′15.6′′ N, 

074°02′50.3′′ W; thence to National Dock 

Channel Buoy 2 in approximate position 

40°41′09.4′′ N, 074°02′39.9′′ W; thence to 

40°41′11.3′′ N, 074°02′25.2′′ W; thence to 

40°41′26.9′′ N, 074°02′21.2′′ W; thence to 

40°41′39.2′′ N, 074°02′33.2′′ W; thence to 

40°41′49.6′′ N, 074°02′18.4′′ W; thence to 

40°41′50.6′′ N, 074°02′13.8′′ W; thence to 

40°41′54.3′′ N, 074°02′11.7′′ W; thence to 

40°41′57.2′′ N, 074°02′07.6′′ W; thence to 

40°42′09.5′′ N, 074°02′23.8′′ W; thence to 

40°42′06.7′′ N, 074°02′28.0′′ W; thence to 

40°42′11.6′′ N, 074°02′37.6′′ W; (NAD 

83) thence southwest along the 

shoreline to the point of origin. 

* * * * * 

(6) New York City Passenger Ship 

Terminal, Hudson River, NY.—(i) 

Location. All navigable waters of the 

Hudson River bound by the following 

points: From the point 40°46′09′′ N, 

073°59′48.7′′ W on the seawall midway 

between Pier 92 and 94, thence 

northwest to approximate position 

40°46′14′′ N, 074°00′00.9′′ W, 

approximately 125 yards northwest of 

Pier 92, thence southwest to 

approximate position 40°45′56.7′′ N, 

074°00′15.3′′ W, approximately 150 

yards west of Pier 86, thence east to the 

seawall between Pier 84 and Pier 86 at 

approximate position 40°45′49.6′′ N, 

073°59′58.1′′ W (NAD 1983), thence 

northeast along the shoreline to the 

point of origin. 

(ii) Regulations. Vessels not actively 

engaged in passenger, cargo, provision, 

facility maintenance or inspection, 

bunker transfer operations, or docking 

or undocking operations, authorized in 

advance by the Facility Security Plan, 

Facility Security Officer or designated 

representative, must not enter within 

any part of a zone described in 

paragraph (a)(6) of this section without 

the express permission of the Coast 

Guard Captain of the Port, a designated 

representative or designated on-scene 

patrol personnel. Persons seeking 

Captain of the Port permission to enter 

within the zone described in paragraph 

(a)(6) of this section for official business 

other than authorized passenger, cargo, 

provision, facility maintenance or 

inspection, bunker transfer operations 

or authorized docking or undocking 

operations may request such 

authorization by contacting: 

Commander Coast Guard Sector New 

York, via the Sector Command Center 

(SCC), at: 212 Coast Guard Drive, Staten 

Island, NY 10305, or via fax to (718) 

354–4125 or by contacting the Sector 

Command Center Duty Officer by phone 

at: (718) 354–4353. Before authorization 

to enter the zone, the Coast Guard will 

evaluate available information, which 

may vary depending on on-scene and 

operational conditions. Vessels 

requesting permission to enter the zone 

should be prepared to communicate 

with the Coast Guard while this 

evaluation process occurs. Information 

the Coast Guard will evaluate in making 

its determination may include the 

manifest of all equipment and personnel 

to be granted access to the area, dates 

and times of access, the purpose for 

which access is requested, and on-scene 

contact information for personnel or 

equipment that will occupy the zone. 

* * * * * 

(12) Approaches to New York, 

Atlantic Ocean. (i) Location: All waters 

of the Atlantic Ocean between the 

Ambrose to Hudson Canyon Traffic 

Lane and the Barnegat to Ambrose 

Traffic Lane bound by the following 

points: 40°21′29.9′′ N, 073°44′41.0′′ W, 

thence to 40°21′04.5′′ N, 073°45′31.4′′ W, 

thence to 40°15′28.3′′ N, 073°44′13.8′′ W, 

thence to 40°15′35.4′′ N, 073°43′29.8′′ W, 

thence to 40°19′21.2′′ N, 073°42′53.0′′ W, 

(NAD 1983) thence to the point of 

origin. 

(ii) Enforcement period. Enforcement 

periods for the zone in paragraph (a)(12) 

of this section will be announced 

through marine information broadcast 

or other appropriate method of 

communication and the zone is 

activated whenever a vessel is anchored 

in the area described in paragraph 

(a)(12)(i) or a Coast Guard patrol vessel 

is on-scene. 

(iii) Regulations. (A) The area 

described in paragraph (a)(12) of this 

section is not a Federal Anchorage 

Ground. Only vessels directed by the 

Captain of the Port or his or her 

designated representative to enter this 

zone are authorized to anchor here. 

(B) Vessels do not need permission 

from the Captain of the Port to transit 

the area described in paragraph (a)(12) 

of this section during periods when that 

security zone is not being enforced. 

(13) Liquefied Hazardous Gas (LHG) 

Vessels.—(i) Definitions. For the 

purposes of this section, LHG Vessel 

means any vessel constructed or 

converted to carry, in bulk, any of the 

flammable or toxic products listed in 33 

CFR 127.005, Table 127.005. 

(ii) Location. All waters within a 200- 

yard radius of any LHG Vessel that is 

underway and all waters within a 100- 

yard radius of any LHG Vessel that is 

moored or at anchor. 

(iii) Enforcement period. The zone 

described in paragraph (a)(13) of this 

section will be activated upon entry of 

a LHG Vessel into the navigable waters 

of the United States (see 33 CFR 2.36(a) 

to include the 12 NM territorial sea) in 

the New York Captain of the Port Zone 

(33 CFR 3.05–30). The LHG Vessel will 

be identifiable by the requirement to fly 

the Bravo flag (red international signal 

pennant) from the outermost halyard 

(above the pilot house) where it can 

most easily be seen. In addition to 

visual identification of the LHG Vessel, 

the Captain of the Port will notify the 

maritime community of periods during 

which this zone will be enforced by 

methods in accordance with 33 CFR 

165.7. 

(14) Cruise Ships.—(i) Definition. For 

the purposes of this section, cruise ship 

means a passenger vessel as defined in 

46 U.S.C. 2101(22), that is authorized to 

carry more than 400 passengers and is 

200 or more feet in length. A cruise ship 

under this section will also include 

ferries as defined in 46 CFR 2.10–25 that 

are authorized to carry more than 400 

passengers and are 200 feet or more in 

length. 

(ii) Location. All waters within a 100- 

yard radius of any Cruise ship whether 

underway, anchored, or at berth. 

(iii) Enforcement period. The zone 

described in paragraph (a)(14) of this 

section will be activated upon entry of 

any cruise ship into the navigable 

waters of the United States (see 33 CFR 

2.36(a) to include the 12 NM territorial 

sea) in the New York Captain of the Port 

Zone (33 CFR 3.05–30). This zone will 

remain activated at all times while the 

cruise ship is within the navigable 

waters of the United States in the New 

York Captain of the Port Zone. 

(15) Designated Vessels.—(i) 

Definition. For the purposes of this 

section, Designated Vessels are vessels 

carrying government officials, 

dignitaries, or other passengers 

requiring protection by the U.S. Secret 

Service, or other Federal, State or local 

law enforcement agency; barges or ships 

carrying petroleum products, chemicals, 

or other hazardous cargo; and passenger 

vessels (as defined in 46 U.S.C. 

2101(22)), that are authorized to carry 

more than 400 passengers and are less 

than 200 feet in length. 

(ii) Location. All waters within a 100- 

yard radius of any Designated Vessel. 

(iii) Enforcement period. The zone 

described in paragraph (a)(15) of this 

section will be activated upon entry of 

any Designated Vessel into the 

navigable waters of the United States 

(see 33 CFR 2.36(a) to include the 12 

NM territorial sea) in the New York 

Captain of the Port Zone (33 CFR 3.05–

30). This zone will remain activated at 

all times while the Designated Vessel is 

within the navigable waters of the 

United States in the New York Captain 

of the Port Zone. The Designated 


jlentini on PROD1PC65 with PROPOSALS
Federal Register / Vol. 73, No. 88 / Tuesday, May 6, 2008 / Proposed Rules 24899 

Vessels, including ships and barges 

carrying petroleum products, chemicals, 

or other hazardous cargo will be 

recognized by the requirement to fly the 

Bravo flag (red international signal 

pennant) from the outermost halyard 

(above the pilot house) where it can 

most easily be seen. Designated Vessels 

carrying government officials, 

dignitaries, or other passengers 

requiring protection, and passenger 

vessels authorized to carry more than 

400 passengers and are less than 200 

feet in length will be recognizable by 

their being escorted by a federal, state or 

local law enforcement or security vessel. 

The law enforcement or security vessel 

will be identifiable by flashing light, 

siren, flags, markings and/or through 

other means that clearly identify the 

vessel as engaged in law enforcement or 

security operations. 

(16) 134th Street Pipeline Metering 

and Regulating Station.—(i) Location. 

All waters of the Hudson River within 

25 yards of the 134th Street Pipeline 

Metering and Regulating Station. 

(ii) Regulations. (A) Vessels not 

actively engaged in facility maintenance 

or inspection operations authorized in 

advance by the Pipeline Security Officer 

or designated representative, or 

authorized docking or undocking 

operations, must not enter within any 

part of a zone described in paragraph 

(a)(16) of this section without the 

express permission of the Coast Guard 

Captain of the Port, a designated 

representative or designated on-scene 

patrol personnel. 

(B) Persons seeking Captain of the 

Port permission to enter within a 

particular zone for official business 

other than authorized passenger, cargo, 

provision, facility maintenance or 

inspection, bunker transfer operations 

or authorized docking or undocking 

operations may request such 

authorization by contacting: 

Commander Coast Guard Sector New 

York, via the Sector Command Center 

(SCC), at: 212 Coast Guard Drive, Staten 

Island, NY 10305, or via fax to (718) 

354–4125 or by contacting the Sector 

Command Center Duty Officer by phone 

at: (718) 354–4353. Before authorization 

to enter the zone, the Coast Guard will 

evaluate available information, which 

may vary depending on on-scene and 

operational conditions. Vessels 

requesting permission to enter the zone 

should be prepared to communicate 

with the Coast Guard while this 

evaluation process occurs. Information 

the Coast Guard will evaluate in making 

its determination may include the 

manifest of all equipment and personnel 

to be granted access to the area, dates 

and times of access, the purpose for 

which access is requested, and on-scene 

contact information for personnel or 

equipment that will occupy the zone. 

(17) Waterfront Heliports.—(i) 

Location. All waters of the East River 

within 25 yards of the East 34th Street 

and Wall Street Heliports, and all waters 

of the Hudson River within 25 yards of 

the West 30th Street Heliport and the 

Jersey City/Newport Helistop, areas of 

land or water under and in immediate 

proximity to them; buildings on such 

structures or contiguous to them; and 

equipment and materials on such 

structures and in such buildings. When 

a barge, ferry, or other commercial 

vessel is conducting transfer operations 

at a waterfront heliport, the 25-yard 

zone is measured from the outboard side 

of the commercial vessel. 

(ii) Regulations. (A) Vessels not 

actively engaged in passenger, cargo, 

provision, facility maintenance or 

inspection, bunker transfer operations, 

or docking or undocking operations, 

authorized in advance by the Facility 

Security Plan, Facility Security Officer 

or designated representative, must not 

enter within any part of a zone 

described in paragraph (a)(17) of this 

section without the express permission 

of the Coast Guard Captain of the Port, 

a designated representative, or 

designated on-scene patrol personnel. 

(B) Persons seeking Captain of the 

Port permission to enter within a 

particular zone for official business 

other than authorized passenger, cargo, 

provision, facility maintenance or 

inspection, bunker transfer operations 

or authorized docking or undocking 

operations may request such 

authorization by contacting: 

Commander Coast Guard Sector New 

York, via the Sector Command Center 

(SCC), at: 212 Coast Guard Drive, Staten 

Island, NY 10305, or via fax to (718) 

354–4125 or by contacting the Sector 

Command Center Duty Officer by phone 

at: (718) 354–4353. Before authorization 

to enter the zone, the Coast Guard will 

evaluate available information, which 

may vary depending on on-scene and 

operational conditions. Vessels 

requesting permission to enter the zone 

should be prepared to communicate 

with the Coast Guard while this 

evaluation process occurs. Information 

the Coast Guard will evaluate in making 

its determination may include the 

manifest of all equipment and personnel 

to be granted access to the area, dates 

and times of access, the purpose for 

which access is requested, and on-scene 

contact information for personnel or 

equipment that will occupy the zone. 

(C) Vessels entering or departing the 

marina north of the Newport Helistop 

are authorized to transit through the 

safety/security zone around the 

Newport Helistop during their transit, 

provided that helicopters are not taking 

off or landing. No loitering or 

unnecessary delay is authorized during 

these transits. 

* * * * * 

Dated: April 25, 2008. 

Michael S. Gardiner, 

Captain, U.S. Coast Guard, Acting Captain 

of the Port, New York. 

[FR Doc. E8–10000 Filed 5–5–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0326] 

RIN 1625–AA00 

Safety Zone; Rochester Harborfest, 

Lake Ontario at the Genesee River, 

Rochester, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes 

establishment of a safety zone for a 

fireworks event in the Captain of the 

Port Buffalo zone. This proposed rule is 

intended to restrict vessels from 

portions of water and shore areas during 

events that pose a hazard to public 

safety. The safety zone established by 

this proposed rule is necessary to 

protect spectators, participants, and 

vessels from the hazards associated with 

fireworks displays. 

DATES: Comments and related materials 

must reach the Coast Guard on or before 

June 5, 2008. 

ADDRESSES: You may mail comments 

and related material to Commander, 

U.S. Coast Guard Sector Buffalo, 1 

Fuhrmann Boulevard, Buffalo, NY 

14203. Sector Buffalo Prevention 

Department 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 Coast Guard Sector Buffalo 

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

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have further questions on this rule, 

contact Lieutenant Tracy Wirth, U.S. 

Coast Guard Sector Buffalo, at (716) 

843–9573. 

SUPPLEMENTARY INFORMATION: 


jlentini on PROD1PC65 with PROPOSALS