Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Rules and Regulations 78307 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2014–1041] 

Safety Zones; Captain of the Port 

Boston Fireworks Display Zone, 

Boston Harbor, Boston, MA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone in the Captain of the Port 

Boston Zone on the specified date and 

time listed below. This action is 

necessary to ensure the protection of the 

maritime public and event participants 

from the hazards associated with this 

annual recurring event. 

DATES: The regulation for the safety 

zone described in 33 CFR 165.119(a)(2) 

will be enforced from 11:30 p.m. 

Wednesday, December 31, 2014 to 12:30 

a.m. Thursday January 1, 2015. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or email Mr. Mark Cutter, Coast Guard 

Sector Boston Waterways Management 

Division, telephone 617–223–4000, 

email Mark.E.Cutter@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone listed 

in 33 CFR 165.119(a)(2); Long Wharf 

Safety Zone. All U.S. navigable waters 

of Boston inner Harbor within a 700-foot 

radius of the fireworks barge in 

approximate position 42°21′41.2′′ N 

071°02′36.5′′ W (NAD 1983), located off 

of Long Wharf, Boston MA. This 

regulation was published in the Federal 

Register on May 12, 2014 (79 FR 26846). 

Under the provisions of 33 CFR 

165.119, no person or vessel, except for 

the safety vessels assisting with the 

event may enter the safety zone unless 

given permission from the COTP or the 

designated on-scene representative. The 

Coast Guard may be assisted by other 

Federal, State, or local law enforcement 

agencies in enforcing this regulation. 

This notice is issued under authority 

of 33 CFR 165.119 and 5 U.S.C. 552 (a). 

In addition to this notice in the Federal 

Register, the Coast Guard will provide 

mariners with advanced notification of 

enforcement periods via the Local 

Notice to Mariners and Broadcast Notice 

to Mariners. 

If the COTP determines that the 

regulated area need not be enforced for 

the full duration stated in this notice, a 

Broadcast Notice to Mariners may be 

used to grant general permission to 

enter the regulated area. 

Dated: December 11, 2014. 

J.C. O’Connor III, 

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

Port Boston. 

[FR Doc. 2014–30458 Filed 12–29–14; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2013–1009] 

RIN 1625–AA87 

Security Zones; Dignitary Arrival/

Departure and United Nations 

Meetings, New York, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is amending 

33 CFR 165.164 by establishing three 

security zones to replace the three 

regulated navigation areas (RNAs) 

currently contained within this section. 

The Coast Guard is also disestablishing 

these three RNAs. The three security 

zones, just like the RNAs they replace, 

are meant to promote public safety and 

to protect dignitaries who visit the 

United Nations in New York, NY. 

DATES: This rule is effective January 29, 

2015. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket [USCG– 

2013–1009]. To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 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 rule, call or 

email Mr. Jeff Yunker, Waterways 

Management Division, Coast Guard 

Sector New York; telephone (718) 354– 

4195, email Jeff.M.Yunker@uscg.mil or 

Lieutenant Commander Myles 

Greenway, Coast Guard First District 

Waterways Management Branch, 

Telephone (617) 223–8385, email 

Myles.J.Greenway@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Cheryl 

Collins, Program Manager, Docket 

Operations, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

COTP Captain of the Port New York 

DHS Department of Homeland Security 

FR Federal Register 

MOA Memorandum of Agreement 

NPRM Notice of Proposed Rulemaking 

RNA Regulated Navigation Area 

SNPRM Supplemental Notice of Proposed 

Rulemaking 

UN United Nations 

UNGA United Nations General Assembly 

USSS United States Secret Service 

A. Regulatory History and Information 

On September 29, 2014 we published 

a Notice of Proposed Rulemaking 

(NPRM) with a request for comments 

entitled, ‘‘Security Zones; Dignitary 

Arrival/Departure and United Nations 

Meetings, New York, NY’’ in the 

Federal Register (79 FR 58298). We 

received no comments on the NPRM. 

We received no requests for a public 

meeting. 

B. Basis and Purpose 

The legal basis for this rule is 33 

U.S.C. 1231; 46 U.S.C. Chapter 701, 

3306, 3703; 50 U.S.C. 191, 195; 33 CFR 

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

Law 107–295, 116 Stat. 2064; and 

Department of Homeland Security 

Delegation No. 0170.1, which 

collectively authorize the Coast Guard 

to define security zones. 

As mentioned above, the Coast Guard 

previously established three RNAs on 

the waters of the East River and Bronx 

Kill, near Wall Street Heliport, Randalls 

and Wards Islands, and the United 

Nations Building. The primary purpose 

of these three RNAs was to protect 

dignitaries, such as the President of the 

United States, who visit the United 

Nations. Although these RNAs served 

their intended purpose, the Coast Guard 

is replacing them with security zones to 

best communicate the federal 

government’s security posture in these 

particular water areas. 

C. Discussion of Comments, Changes 

and the Final Rule 

We received no comments in response 

to the proposed rule and the final rule 

is being published without change. 

D. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on these statutes and executive 

orders. 


tkelley on DSK3SPTVN1PROD with RULES
78308 Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Rules and Regulations 

1. Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, Improving 

Regulation and Regulatory Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of Executive Order 12866 

or under section 1 of Executive Order 

13563. The Office of Management and 

Budget has not reviewed it under those 

Orders. This determination is based on 

the fact that the RNAs would simply be 

designated as security zones as the more 

appropriate means to regulate the 

movement of vessels or individuals in 

the areas. We have not made any 

changes to the size, boundaries, or 

enforcement duration of these security 

zones. 

2. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 5 U.S.C. 601–612, as amended, 

requires federal agencies to consider the 

potential impact of regulations on small 

entities during rulemaking. The term 

‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard received no comments 

from the Small Business Administration 

on this rule. 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 determination is based on the 

fact that the RNAs are simply being 

designated as security zones as the more 

appropriate means to regulate the 

movement of vessels or individuals in 

the areas. We are not making any 

changes to the size, boundaries, or 

enforcement duration of the security 

zones. 

3. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

4. Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

determined that this rule does not have 

implications for federalism. 

5. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

6. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

7. 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. 

8. 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. 

9. Protection of Children From 

Environmental Health Risks 

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. 

10. 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. 

11. Energy Effects 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

12. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

13. 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 determined that this action is one 

of a category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves 

designating three RNAs as security 

zones. This rule is categorically 

excluded from further review under 

paragraph 34(g) of Figure 2–1 of the 

Commandant Instruction. An 

environmental analysis checklist 

supporting this determination and a 

Categorical Exclusion Determination are 

available in the docket where indicated 

under ADDRESSES. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this 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 amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREA 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Revise § 165.164 to read as follows: 

§ 165.164 Security Zones; Dignitary 

Arrival/Departure and United Nations 

Meetings, New York, NY. 

(a) Location. The following areas are 

security zones: 

(1) Wall Street Heliport. All waters of 

the East River within the following 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Rules and Regulations 78309 

boundaries: East of a line drawn 

between approximate position 40°42′01′′ 

N, 074°00′39′′ W (east of The Battery) to 

40°41′36′′ N, 074°00′52′′ W (point north 

of Governors Island) and north of a line 

drawn from the point north of 

Governors Island to the southwest 

corner of Pier 7 North, Brooklyn; and 

south of a line drawn between 

40°42′14.8′′ N, 074°00′20.3′′ W (Wall 

Street, Manhattan), and the northwest 

corner of Pier 2 North, Brooklyn (NAD 

1983). 

(2) Randalls and Wards Islands: 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°47′27.12′′ N, 

073°54′35.14′′ W (Lawrence Point, 

Queens) to a point at approximate 

position 40°47′52.55′′ N, 073°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) (NAD 

1983). 

(3) Marine Air Terminal, LaGuardia 

Airport Security Zone: All waters of 

Bowery Bay, Queens, New York, south 

of a line drawn from the western end of 

LaGuardia Airport at approximate 

position 40°46′47′′ N, 073°53′05′′ W to 

the Rikers Island Bridge at approximate 

position 40°46′51′′ N, 073°53′21′′ W and 

east of a line drawn between the point 

at the Rikers Island Bridge to a point on 

the shore in Queens, New York, at 

approximate position 40°46′36′′ N, 

073°53′31′′ W (NAD 1983). 

(4) United Nations Manhattan 

Shoreline. All waters of the East River 

bound by the following points: 

40°44′37′′ N, 073°58′16.5′′ W (the base of 

East 35th Street, Manhattan), then east 

to 40°44′34.5′′ N, 073°58′10.5′′ W (about 

180 yards offshore of Manhattan), then 

northeasterly to 40°45′29′′ N, 

073°57′26.5′′ W (about 125 yards 

offshore of Manhattan at the 

Queensboro Bridge), then northwesterly 

to 40°45′31′′ N, 073°57′30.5′′ W 

(Manhattan shoreline at the Queensboro 

Bridge), then southerly along the 

shoreline to the starting point at 

40°44′37′′ N, 073°58′16.5′′ W (NAD 

1983). 

(5) United Nations West Channel 

Closure. All waters of the East River 

north of a line drawn from approximate 

position 40°44′37′′ N, 073°58′16.5′′ W 

(the base of East 35th Street, 

Manhattan), to approximate position 

40°44′31.04′′ N, 073°58′03.10′′ W 

(approximately 400 yards east of the 

Manhattan shoreline), all waters west of 

a line drawn from approximate position 

40°44′31.04′′ N, 073°58′03.10′′ W 

(approximately 400 yards east of the 

Manhattan shoreline), to the southern 

tip of Roosevelt Island at approximate 

position 40°44′57.96′′ N, 073°57′41.57′′ 

W, then along the western shoreline of 

Roosevelt Island to the Queensboro 

Bridge, and all waters south of the 

Queensboro Bridge (NAD 1983). 

(6) United Nations Full River Closure. 

All waters of the East River north of a 

line drawn from approximate position 

40°44′37′′ N, 073°58′16.5′′ W (the base of 

East 35th Street, Manhattan), to 

approximate position 40°44′23′′ N, 

073°57′44.5′′ W (Hunters Point, Long 

Island City), and south of the 

Queensboro Bridge (NAD 1983). 

(b) Definitions. 

As used in this section— 

Designated representative means any 

Coast Guard commissioned, warrant, or 

petty officer who has been designated 

by the COTP to act on the COTP’s 

behalf. A designated 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. 

Dignitary means the President or Vice 

President of the United States, or 

visiting heads of foreign states or 

governments. 

(c) Regulations. In accordance with 

the general regulations in 33 CFR 

165.33, no person or vessel may enter or 

move within a security zone created by 

this section while that security zone is 

being enforced unless granted 

permission to do so by the Coast 

Guard’s First District Commander, the 

COTP, or a designated representative. 

Vessel operators and persons given 

permission to enter or operate in a 

security zone must comply with all 

directions given to them by the COTP, 

or a designated representative. Upon 

being hailed by a U.S. Coast Guard or 

other duly authorized law enforcement 

vessel (e.g. New York City police) by 

siren, radio, flashing lights, or other 

means, the operator of a vessel must 

proceed as directed, and follow any 

instructions to anchor or moor up to a 

waterfront facility. 

(d) Enforcement periods. The security 

zone described in paragraph (a)(4) of 

this section is subject to enforcement at 

all times. All other security zones 

established by this section will only be 

enforced when necessary to protect 

dignitaries as determined by the COTP. 

(e) Notification. Because the security 

zone described in paragraph (a)(4) of 

this section is subject to enforcement at 

all times, the Coast Guard will not 

necessarily take any action to further 

notify the public about the enforcement 

of that zone. As for the enforcement 

periods for the other security zones 

contained herein, the Coast Guard will 

rely on the methods described in 33 

CFR 165.7 to notify the public of the 

time and duration of any enforcement 

period. The COTP may also notify the 

public about enforcement of these 

security zones via http://

homeport.uscg.mil/newyork. 

(f) Contact information. Vessel 

operators desiring to enter or operate 

within a security zone shall telephone 

the COTP at 718–354–4356 or a 

designated representative via VHF 

channel 16 to obtain permission to do 

so. 

Dated: November 15, 2014. 

L.L. Fagan, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. 2014–30455 Filed 12–29–14; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2014–0602; FRL–9921–08– 

Region–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Missouri; Withdrawal of Direct Final 

Rule, Controlling Emissions During 

Episodes of High Air Pollution 

Potential 

AGENCY: Environmental Protection 

Agency. 

ACTION: Withdrawal of direct final rule. 

SUMMARY: Due to an adverse comment, 

the Environmental Protection Agency 

(EPA) is withdrawing the direct final 

rule to approve a revision submitted by 

the State of Missouri and received by 

EPA on December 17, 2013, pertaining 

to Missouri’s rule ‘‘Controlling 

Emissions During Episodes of High Air 

Pollution Potential.’’ In the direct final 

rule published on November 4, 2014 (79 

FR 65346), we stated that if we received 

adverse comment by December 4, 2014, 

the rule would be withdrawn and not 

take effect. EPA subsequently received 

an adverse comment. EPA will address 

the comment received in a subsequent 

final action based upon the proposed 

action also published on November 4, 

2014, (79 FR 65362). EPA will not 

institute a second comment period on 

this action. 

DATES: The direct final rule published at 

79 FR 65346, November 4, 2014, is 

withdrawn effective December 30, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Amy Bhesania, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219, at 


tkelley on DSK3SPTVN1PROD with RULES