13 February 2009
[Federal Register: February 13, 2009 (Volume 74, Number 29)]
[Rules and Regulations]
[Page 7184-7193]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13fe09-5]
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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: Final rule.
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SUMMARY: This final rule modifies several aspects of the permanent
safety and security zones within the New York Captain of the Port Zone.
This action modifies existing safety and security zones, consolidates
and modifies safety and security zones currently found in separate
regulations, and removes certain safety and security zones so as to
better meet the safety and security needs of the New York and New
Jersey port community.
DATES: This rule is effective March 16, 2009.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2007-0074 and are available online by going to
http://www.regulations.gov, selecting the Advanced Docket Search option
on the right side of the screen, inserting USCG-2007-0074 in the Docket
ID box, pressing Enter, and then clicking on the item in the Docket ID
column. This material is also available for inspection or copying at
two locations: 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 and 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call LT Edward Munoz, Waterways Management Division, Coast Guard Sector
New York, 718-354-2353. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
[[Page 7185]]
Regulatory Information
On May 6, 2008, 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 (73 FR 24889). We
received 15 letters commenting on the proposed rule. A public meeting
was requested to discuss the proposed changes to the security zones
around Liberty and Ellis Island. As discussed below, the proposed
changes to the Liberty and Ellis Island security zones have been
removed from this rulemaking therefore there was no longer a need to
hold a public meeting.
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 and intelligence officials warn that future terrorist attacks
are likely. President Bush 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 (73 FR 51211, August 28, 2008); Continuation of the
National Emergency With Respect To Persons Who Commit, Threaten To
Commit, Or Support Terrorism (73 FR 54489, September 18, 2008). 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 11, 2001 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.
In the NPRM associated with this final rule, the Coast Guard (USCG)
proposed 11 distinct changes to the current safety and security zone
regulations in 33 CFR part 165 to improve maritime security and reduce
unnecessary burdens imposed by current security zones. The proposals
are as follows:
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. The NPRM proposed, and this final
rule revises and relocates each of these Sec. 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. This regulatory
change will 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''
(see, 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
[[Page 7186]]
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 are revising the language governing facility
safety and security zones to remove the broad definition currently
contained 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
[[Page 7187]]
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 explaining how 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 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 proposed 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.
Following publication of the NPRM, written comments were received
regarding the proposed expansion of the Liberty and Ellis Island
security zones and concern was expressed as to the impact on
recreational boaters and the effects that the expanded zones would have
on navigation safety. Based on comments received we are withdrawing our
proposed expansion of the Ellis and Liberty Island security zones as
outlined in the Discussion of Comments and Changes section and have
removed the Liberty and Ellis Island Security Zone expansion provision
from this final rule. The current Liberty and Ellis Island security
zone remains in effect.
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
approximately 250 yards from portions of the facility. However, this
zone is only enforced when cruise ships are present.
In the interest of protecting this high-interest facility, we are
revising 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 are significantly
reduced to reflect the current protection needs of the Passenger Ship
Terminal.
The revision reduces the zone size to extend up to 150 yards into
the waterway. The northern boundary of the zone is being moved 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 is being 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 also allows 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 are moving these regulations with revisions to the
regulations found at 33 CFR 165.169. Revisions are made to provide a
detailed definition of ``LHG Vessel,'' and to ensure greater
standardization of and compliance with the regulations. The language
regarding LHG Facilities is being 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 are incorporating 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 rule
defines the term ``cruise
[[Page 7188]]
ship'' so as to include that class of vessel readily identifiable to
the regulated public as such. This rule also renders 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
change decreases 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 Manhattan enroute 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 are revising these regulations and
moving them to 33 CFR 165.169(a)(15). The regulation will 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 are removing the existing language regarding
Designated Vessels as being certificated to carry 500 or more
passengers as these types of vessels will be covered in the regulation
for Cruise Ships. These Designated Vessels are 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 flag) from the outermost halyard
(above the pilot house) where it can most easily be seen. The Captain
of the Port will also notify the maritime community of periods during
which this zone is being enforced by methods in accordance with 33 CFR
165.7. Similar to the rule for cruise ships, these safety and security
zones will 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 are creating a specific 25-
yard security zone surrounding the 134th Street Pipeline Metering and
Regulating Station Pier. There is currently a security zone around this
location that was established under a regulation for commercial
waterfront facilities found in 33 CFR 165.169(a)(3). Under a change 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 security zone establishes 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 are modifying 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 are tailoring 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 are being 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 are being removed.
Waterfront Heliports: Additionally, although not specifically
regulated under MTSA 2002, we are establishing 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 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
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
[[Page 7189]]
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 security zone will
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 Comments and Changes
The National Oceanic and Atmospheric Administration (NOAA)
submitted two recommended navigation chart corrections. One correction
is to one position of the Ellis Island security zone that is not
changing in this Final Rule. The original Coast Guard security zone at
Ellis Island was published in the Code of Federal Regulations as being
within 150 yards of the island with no listed positions. NOAA published
this security zone on the respective charts using their more accurate
charting software. Due in part to the public comments received we are
withdrawing the expansion of the Ellis and Liberty Islands security
zones from this rulemaking for further consideration. The second chart
correction submitted by NOAA was for the Naval Weapons Station Earle,
NJ security zone in Sandy Hook Bay. We are revising our final rule to
list the same positions published by the U.S. Army Corps of Engineers
(ACOE) in 33 CFR 334.102 as our intention was always to have the
security zone correspond to the ACOE charted Restricted Area.
One commenter supported the establishment of the 25-yard security
zones around the waterfront heliports.
One commenter requested that the 100-yard security zones around
Liquefied Hazardous Gas (LHG) vessels, Cruise Ships, and Designated
Vessels be revised to allow for vessels constrained by their draft to
be authorized to transit through the security zone as long as they
remain within the navigable channel, maintain the maximum safe distance
from the vessel and do not stop or loiter within the zone unless the
security zone is broadcast over VHF radio and is accompanied by a
patrol vessel displaying a flashing blue light as required by 33 CFR
88.11. The commenter noted that this is currently authorized for
vessels transiting past 33 CFR Part 105 Facilities and Bridge Piers and
Abutments within the Coast Guard Sector New York area of
responsibility. Similar conditions also apply to the Naval Vessel
Protection Zones codified at 33 CFR 165.2025.
We currently issue a marine broadcast by VHF radio for all LHG
vessel transits, provide Coast Guard escort vessels for the LHG vessel,
and do not authorize vessels to transit through the security zone due
to the nature of the product carried and the extensive damage to the
port that could be caused by an attack on the vessel. This has been the
Coast Guard's policy and procedures since before the 9/11 terrorist
attacks and we will not further relax these conditions at this time.
The width of the Federal Channels and waterways that cruise ships
currently transit through are 1,000 feet wide in Buttermilk Channel,
2,000 feet wide in Anchorage Channel, and 2,700 feet wide in the Hudson
River. There is sufficient distance for the commenter's smaller vessels
to transit around the cruise ships in these channels or to transit
around Governors Island for vessels that do not want to transit through
Buttermilk Channel when cruise ships are transiting through, or are
docked, at the adjacent Brooklyn Cruise Terminal. Vessels that are
constrained by their draft from transiting outside of these channels
will still be required to maintain a distance of 100 yards from all
cruise ships and should check in with VTS NY on VHF CH 11, 12, or 14
for current restrictions if they are not already Vessel Movement
Reporting Users.
The Coast Guard agrees with this comment in regards to Designated
Vessels (33 CFR 165.169(a)(15)). The final rule is changed from the
NPRM to state that vessels that are constrained by their draft from
leaving the channel may transit through the zone for the sole purpose
of direct and expeditious transit through the zone so long as they
remain within the navigable channel, maintain the maximum safe distance
from the Designated Vessel, and do not stop or loiter within the zone.
This transit waiver was inadvertently deleted from the revised Part
105 Facilities regulation in 33 CFR 165.169(a)(3) in this Notice of
Proposed Rulemaking. This was not the Coast Guard's intention and the
waiver for vessels to transit through the 25-yard security zone
surrounding Part 105 facilities is being inserted in the final rule as
33 CFR 165.169(a)(3)(iii)(C).
We received nine comments from Human Powered Vessel (HPV--Canoes
and Kayaks) organizations and individuals and two comments from yacht
clubs and individuals regarding the expansion of the security zones
around Ellis and Liberty Islands. The comments raised the concerns of
HPVs and sailboats being forced to increase the amount of time they
navigate in the Federal Anchorage Channel due to the security zone
expansion. This would create increased interactions between these
recreational boaters in Anchorage Channel with ships, tugs and barges,
the Staten Island Ferry and other commuter ferries. Additionally, the
HPV comments were concerned with not being able to transit between
Ellis and Liberty Islands or along the Liberty State Park shoreline.
They stated these are protected waters where they often rest prior to
re-crossing Anchorage Channel. Many of the comments also questioned the
need for the current 150-yard security zone 7 years after the terrorist
attacks. In light of the public comments received we are changing the
final rule from the NPRM by withdrawing the expansion of the Ellis and
Liberty Islands security zones from this rulemaking. If changes to the
current Ellis and Liberty Islands 150-yard security zones are proposed
in the future, a new Notice of Proposed Rulemaking will be published in
the Federal Register.
Lastly, pending further review, we have removed the portions of
this rule which proposed that individuals submit specific information
to the Coast Guard Captain of the Port, a designated representative or
designated on-scene patrol personnel as a method of obtaining entry
into the safety and security zones identified in Sec. 165.169.
Individuals requesting entry into the safety and security zones
identified in Sec. 165.169 will still be required to gain
authorization for entry into the zones prior to entering the same, and
as such they should ensure that they comply with this final rule. After
completing review we may amend this final rule in a manner that will
identify the specific information required to gain entry into the
safety and security zones in Sec. 165.169.
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, 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 rule to be so minimal that a
full Regulatory Evaluation is unnecessary.
[[Page 7190]]
This finding is based on the following facts. Access to all zones
modified within the regulation may be granted through coordination with
the Captain of the Port. With regard to the changes to the Commercial
Waterfront Facilities, this rule reduces the number of safety and
security zones around commercial waterfront facilities, thereby
reducing the level of regulatory impact. The proposed expansion of the
Ellis and Liberty Islands security zones in the NPRM has been withdrawn
in this Final Rule. With regard to the changes for the New York City
Passenger Ship Terminal safety and security zone, the rule reduces the
size of the regulated area. With regard to the changes for the
inclusion of LHG Vessels, the regulation implements less restrictive
regulations for those currently in effect. With regard to the addition
of regulations relating to cruise ships, the rule relocates the current
regulation regarding cruise ships contained in 33 CFR part 169.160 to
the new section with modifications to the definition. This change does
not create a new type of security zone; rather, it moves an existing
regulation to another section of the regulations, thereby creating no
significant change for regulated entities. With regard to the changes
for the inclusion of the 134th Street Pipeline Metering and Regulating
Station pier, vessels will be able to transit around the zone with
little to no increase in transit time. With regard to the changes for
the modification to the Security Zone at Naval Weapons Station Earle,
Sandy Hook Bay, New Jersey, this regulation only aligns 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 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 may 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 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 Planning and Review section above.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
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 effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will 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 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
[[Page 7191]]
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 5100.1 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
under the Instruction that there are no factors in this case that would
limit the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation. This regulation changes current safety and
security zones and disestablishes other safety and security zones;
therefore, paragraph (34)(g) of the instruction applies.
An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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. 1226, 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, and 160.5;
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. In Sec. 165.130, revise paragraph (a) to read as follows:
Sec. 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[deg]25'55.6'' N, 074[deg]04'31.4'' W; thence to 40[deg]26'54.0''
N, 074[deg]03'53.0'' W; thence to 40[deg]26'58.0'' N, 074[deg]04'03.0''
W; thence to 40[deg]27'56.0'' N, 074[deg]03'24.0'' W; thence to
40[deg]27'28.5'' N, 074[deg]02'10.4'' W; thence to 40[deg]26'29.5'' N,
074[deg]02'51.2'' W; thence to 40[deg]26'31.4'' N, 074[deg]02'55.4'' W;
thence to 40[deg]25'27.1'' N, 074[deg]03'39.7'' W; thence northwest
along the shoreline to the beginning point.
* * * * *
Sec. 165.160 [Removed]
0
3. Remove Sec. 165.160.
Sec. 165.169 [Amended]
0
4. In Sec. 165.169--
0
a. Revise paragraphs (a)(3), (a)(6), and (a)(12) to read as follows;
0
b. Add paragraphs (a)(13) through (a)(17) to read as follows; and
0
c. Remove paragraphs (b)(3) through (b)(5), and (c):
Sec. 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.
(C) Vessels may transit through any portion of the zone that
extends into the navigable channel for the sole purpose of direct and
expeditious transit so long as they remain within the navigable
channel, maintain the maximum safe distance from the Part 105 facility,
and do not stop or loiter within the zone.
* * * * *
(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[deg]46'09'' N, 073[deg]59'48.7'' W
on the seawall midway between Pier 92 and 94, thence northwest to
approximate position 40[deg]46'14'' N, 074[deg]00'00.9'' W,
approximately 125 yards northwest of Pier 92, thence southwest to
approximate position 40[deg]45'56.7'' N, 074[deg]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[deg]45'49.6'' N,
073[deg]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.
* * * * *
[[Page 7192]]
(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[deg]21'29.9'' N, 073[deg]44'41.0'' W, thence to
40[deg]21'04.5'' N, 073[deg]45'31.4'' W, thence to 40[deg]15'28.3'' N,
073[deg]44'13.8'' W, thence to 40[deg]15'35.4'' N, 073[deg]43'29.8'' W,
thence to 40[deg]19'21.2'' N, 073[deg]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 flag under Pub. 102,
International Code of Signals) 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
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 flag under
Pub 102, International Code of Signals from the outermost halyard
(above the pilot house) where it can most easily be seen. Vessels that
are constrained by their draft from leaving the channel may transit
through the zone for the sole purpose of direct and expeditious transit
so long as they remain within the navigable channel, maintain the
maximum possible safe distance from the Designated Vessel, and do not
stop or loiter within the zone. 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.
(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
[[Page 7193]]
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.
(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: November 3, 2008.
Robert R. O'Brien, Jr.,
Captain, U.S. Coast Guard, Captain of the Port, New York.
Editorial Note: This document was received in the Office of the
Federal Register on Tuesday, February 10, 2009.
[FR Doc. E9-3162 Filed 2-12-09; 8:45 am]
BILLING CODE 4910-15-P
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