[Federal Register Volume 77, Number 37 (Friday, February 24, 2012)]
[Rules and Regulations]
[Pages 10960-10962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4270]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0092]
RIN 1625-AA87


Security Zone, East River and Bronx Kill; Randalls and Wards 
Islands, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone on 
the waters of the East River and Bronx Kill, in the vicinity of 
Randalls and Wards Islands, New York. This security zone is necessary 
to ensure the safety of the President of the United States, members of 
his official party, and other senior government officials. The zone is 
intended to restrict vessels from a portion of the East River and Bronx 
Kill when public officials are scheduled to arrive and depart the area. 
Persons or vessels may not enter this security zone without permission 
of the Captain of the Port New York (COTP) or the COTP's designated on-
scene representative.

DATES: This rule is effective from 4 p.m. until 11:30 p.m. on Thursday, 
March 1, 2012.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2012-0092 and are available online 
by going to http://www.regulations.gov, inserting USCG-2012-0092 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the 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, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email Mr. Jeff Yunker, Waterways Management 
Division, Coast Guard Sector New York; telephone 718-354-4195, email 
<a href="/cdn-cgi/l/email-protection#105a7576763e5d3e49657e7b756250656373773e7d797c"><span class="__cf_email__" data-cfemail="713b1417175f3c5f28041f1a140331040212165f1c181d">[email protected]</span></a>. If you have questions on viewing the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior

[[Page 10961]]

notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because specific information regarding the 
event was not received in time to publish a NPRM and seek comments 
before issuing a final rule before the effective date. Publishing an 
NPRM and delaying the effective date would be contrary to the public 
interest since the occasion would occur before a notice and comment 
rulemaking could be completed, thereby potentially jeopardizing the 
safety of the President of the United States, members of his official 
party, and other senior government officials.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register for the reasons in the preceding 
paragraph.

Basis and Purpose

    The legal basis for this rule is 33 U.S.C. 1226 and 1231; 46 U.S.C. 
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 
6.04-6, 160.5; Department of Homeland Security Delegation No. 0170.1, 
which collectively authorize the Coast Guard to establish security 
zones.
    The United States Secret Service requested that the Coast Guard 
establish a security zone on the waters of the East River and Bronx 
Kill during the arrival and departure of the President of the United 
States to and from Randalls and Wards Islands, New York. The purpose of 
the temporary security zone is to facilitate the security and safety of 
the President of the United States during his visit to New York City.

Discussion of Rule

    The temporary security zone is effective on March 1, 2012, from 4 
p.m. until 11:30 p.m. The security zone is located on a portion of the 
East River and the Bronx Kill. The East River security zone is 
approximately 1,500 yards to 2,150 yards long and 290 yards to 860 
yards wide. The Bronx Kill security zone is approximately 430 yards 
long and 30 yards to 340 yards wide. Specific geographic locations are 
specified in the regulatory text. Vessels or persons violating this 
rule are subject to the penalties set forth in 33 U.S.C. 1232 and 50 
U.S.C. 192.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, as supplemented by Executive Order 13563, 
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.
    This determination is based on the limited time that vessels will 
be restricted from the zone. The temporary security zone will only be 
in effect for less than eight hours on March 1, 2012. The Coast Guard 
expects minimal adverse impact to mariners from the zone's activation 
based on the limited duration of the enforcement period, the limited 
geographic area affected and because affected mariners may request 
authorization from the COTP or the designated on-scene representative 
to transit the zone.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this 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 rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule will affect the following entities, some of which 
may be small entities: The owners and operators of vessels intending to 
transit or anchor in a portion of the East River or Bronx Kill, in the 
vicinity of Randalls or Wards Islands, NY, during the effective period.
    This temporary security zone will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons: The security zone is of limited size and duration. Persons or 
vessels may request permission to transit the security zone from the 
COTP or the designated on-scene representative.
    Additionally, before and during the effective period, the Coast 
Guard will issue maritime advisories widely available to users of the 
waterway, including verbal broadcast notice to mariners and distribute 
a written notice to waterway users online at http://homeport.uscg.mil/newyork.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

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 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 rule will not result in such an expenditure, we 
do discuss the

[[Page 10962]]

effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not cause 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 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 rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. This rule involves establishment of a 
temporary security zone on a portion of the East River and Bronx Kill 
during the arrival and departure of the President of the United States 
to and from Randalls and Wards Islands. An environmental analysis 
checklist and a categorical exclusion determination will be available 
in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine security, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 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; Pub. L. 107-295, 
116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T01-0092 to read as follows:


Sec.  165.T01-0092  Security Zone, East River and Bronx Kill; Randalls 
and Wards Islands, NY

    (a) Location. The following area is a temporary security zone: All 
waters of the East River between the Hell Gate Rail Road Bridge (mile 
8.2), and a line drawn from a point at approximate position 
40[deg]47'27.12'' N, 073[deg]54'35.14'' W (Lawrence Point, Queens) to a 
point at approximate position 40[deg]47'52.55'' N, 073[deg]54'35.25'' W 
(Port Morris Stacks), and all waters of the Bronx Kill southeast of the 
Bronx Kill Rail Road Bridge (mile 0.6).
    (b) Definitions. For purposes of this section ``Designated on-scene 
representative'' is any Coast Guard commissioned, warrant, or petty 
officer who has been designated by the COTP to act on the COTP's 
behalf.
    (c) Effective period. This section is effective from 4 p.m. until 
11:30 p.m. on March 1, 2012.
    (d) Regulations. (1) All persons are required to comply with the 
general regulations governing security zones found in 33 CFR 165.33.
    (2) Entry, transit, or anchoring within the security zone described 
in paragraph (a) of this section is prohibited unless authorized by the 
COTP or the COTP's designated representative. The designated on-scene 
representative may be on a Coast Guard vessel, or onboard a federal, 
state, or local agency vessel that is authorized to act in support of 
the Coast Guard.
    (3) The COTP will provide notice of this security zone by 
appropriate means, which may include but are not limited to a Local 
Notice to Mariners or Broadcast Notice to Mariners.
    (4) Vessel operators given permission to enter or operate in the 
security zone must comply with all directions given to them by the COTP 
or the designated on-scene representative. Those vessels may be 
required to anchor or moor up to a waterfront facility.
    (5) Vessel operators desiring to enter or operate within the 
security zone shall telephone the COTP at 718-354-4356 or the 
designated on-scene representative via VHF channel 16 to obtain 
permission to do so.

    Dated: February 14, 2012.
G.P. Hitchen,
Captain, U.S. Coast Guard, Acting Captain of the Port New York.
[FR Doc. 2012-4270 Filed 2-23-12; 8:45 am]
BILLING CODE 9110-04-P


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