27 September 1999 Source: http://www.access.gpo.gov/su_docs/aces/fr-cont.html ------------------------------------------------------------------------- [Federal Register: September 27, 1999 (Volume 64, Number 186)] [Rules and Regulations] [Page 51897-51899] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr27se99-6] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Coast Guard 33 CFR Part 165 [CGD01-99-167] RIN 2115-AA97 Security Zone: Presidential Visit and United Nations General Assembly, East River, New York AGENCY: Coast Guard, DOT. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing two temporary security zones in the waters of the East River, New York. This action is necessary to protect the Port of New York/New Jersey, President Clinton, and approximately 80 visiting Heads of State, against terrorism, sabotage or other subversive acts and incidents of a similar nature during the President's visit to New York City and the United Nations General Assembly meeting. This action is intended to restrict vessel traffic in a portion of the East River. DATES: This rule is effective from 9 a.m. on Monday, September 20, 1999, until 7 p.m. on Friday, October 1, 1999. ADDRESSES: Documents as indicated in this preamble are available for inspection or copying at Coast Guard Activities New York, 212 Coast Guard Drive, room 205, Staten Island, New York 10305, between 8 a.m. and 3 p.m., Monday through Friday, except Federal holidays. The telephone number is (718) 354-4193. FOR FURTHER INFORMATION CONTACT: Lieutenant J. Lopez, Waterways Oversight Branch, Coast Guard Activities New York (718) 354-4193. . SUPPLEMENTARY INFORMATION: Regulatory History Pursuant to 5 U.S.C 553, a notice of proposed rulemaking (NPRM) was not published for this regulation. Good cause exists for not publishing an NPRM and for making this regulation effective less than 30 days after Federal Register publication. Due to the date that specific information on the President's visit to New York City and Secret Service requirements for the United Nations General Assembly meeting were made available to the Coast Guard, there was insufficient time to draft and publish an NPRM and publish the final rule 30 days before its effective date. Any delay encountered in this regulation's effective date would be contrary to the public interest as immediate action is needed to protect the Port of New York/New Jersey, the President, and visiting Heads of State. Background and Purpose These security zones, requested by the United States Secret Service, are needed to ensure the security of the Port of New York/New Jersey, the President, and visiting Heads of State, while attending the annual United Nations General Assembly meeting in midtown Manhattan, New York. The General Assembly meeting will be held at the United Nations building on East 43rd Street. There is a significant national security interest in protecting the President and safeguarding the international relations of the United States and the visiting Heads of State. These security zones will safeguard the [[Page 51898]] Port of New York/New Jersey, the President, and visiting Heads of State during the United Nations General Assembly meeting against terrorism, sabotage or other subversive acts and incidents of a similar nature. These security zones provide for an exclusion area during the General Assembly meeting. These zones include all waters of the East River within the following boundaries (all nautical positions are based on North American Datum of 1983): Security Zone A All waters of the East River bound by the following points: 40 deg.44'37''N, 073 deg.58'16.5''W (the base of East 35th Street Manhattan), then east to 40 deg.44'34.5''N, 073 deg.58'10.5''W (approximately 175 yards offshore of Manhattan), then northeasterly to 40 deg.45'29''N, 073 deg.57'26.5''W (approximately 125 yards offshore of Manhattan at the Queensboro Bridge), then northwesterly to 40 deg.45'31''N, 073 deg.57'30.5''W (Manhattan shoreline at the Queensboro Bridge), then southerly to the starting point at 40 deg.44'37''N, 073 deg.58'16.5''W. This security zone is in effect from 9 a.m. until 7 p.m. each day from Monday, September 20, 1999, through Saturday, September 25, 1999, and from Monday, September 27, 1999, through Friday, October 1, 1999. The security zone prevents vessels from transiting a portion of the East River. Marine traffic will still be able to transit through the eastern 100 yards of the western channel of the East River and through the entire eastern channel of the East River during this security zone. Security Zone B All waters of the East river north of a line drawn from approximate position 40 deg.44'37''N, 073 deg.58'16.5''W, at the base of East 35th Street in Manhattan, to approximate position 40 deg.44'23''N, 073 deg.57'44.5''W at Hunters Point in Long Island City, and south of the Queensboro Bridge. This security zone is in effect from 9 a.m. until 11:30 a.m., and from 12:30 p.m. until 3:30 p.m., on Tuesday, September 21, 1999. Marine traffic will not be able to transit through this portion of the East River during this time while the President is addressing the United Nations General Assembly because the zone extends bank to bank and there are no alternate routes available in the river to go around the zone. These security zones have been narrowly tailored, in consultation with the United States Secret Service and the maritime industry to impose the least impact on maritime interests yet provide the level of security deemed necessary. Entry into or movement within these security zones is prohibited unless authorized by the Coast Guard Captain of the Port, New York. Public notifications will be made prior to the event via facsimile, marine information broadcasts, and the Local Notice to Mariners. Regulatory Evaluation This final rule is not a significant regulatory action under section 3(f) of Executive Order 12866 and does not require an assessment of potential costs and benefits under section 6(a) (3) of that Order. It has not been reviewed by the Office of Management and Budget under that Order. It is not significant under the regulatory policies and procedures of the Department of Transportation (DOT) (44 FR 11040; February 26, 1979). The Coast Guard expects the economic impact of this final rule to be so minimal that a full Regulatory Evaluation under paragraph 10e of the regulatory policies and procedures of DOT is unnecessary. Although this regulation prevents traffic from transiting the security zone areas, the effect of this regulation will not be significant for several reasons. The minimal time that vessels will be prohibited from entering the zones, and the limited recreational traffic in the area. Marine traffic will still be able to transit to the east of the security zone except from 9 a.m. until 11:30 a.m., and from 12:30 p.m. until 3:30 p.m., on Tuesday, September 21, 1999. Extensive advance notifications will be made to the maritime community via facsimile, marine information broadcasts, and the Local Notice to Mariners. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the Coast Guard considered whether this final rule will have a significant economic impact on a substantial number of small entities. ``Small entities'' include 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. For reasons discussed in the Regulatory Evaluation above, the Coast Guard certifies under section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this final rule will not have a significant economic impact on a substantial number of small entities. Collection of Information This final rule does not provide for a collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Federalism The Coast Guard has analyzed this final rule under the principles and criteria contained in Executive Order 12612 and has determined that this final rule does not have sufficient implications for federalism to warrant the preparation of a Federalism Assessment. Unfunded Mandates Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) [Pub. L. 104-4, 109 Stat. 48] requires Federal agencies to assess the effects of certain regulatory actions on State, local, and tribal governments, and the private sector. UMRA requires a written statement of economic and regulatory alternatives for rules that contain Federal mandates. A Federal mandate is a new or additional enforceable duty imposed on any State, local, or tribal government, or the private sector. If any Federal mandate causes those entities to spend, in the aggregate, $100 million or more in any one year, the UMRA analysis is required. This final rule does not impose Federal mandates on any State, local, or tribal governments, or the private sector. Environment The Coast Guard considered the environmental impact of this final rule and concluded that under figure 2-1, paragraph 34(g), of Commandant Instruction M16475.1C, this final rule is categorically excluded from further environmental documentation. A ``Categorical Exclusion Determination'' is available in the docket for inspection or copying where indicated under ADDRESSES. List of Subject in 33 CFR Part 165 Harbors, Marine Safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. Regulation For the reasons discussed in the preamble, the Coast Guard amends 33 CFR Part 165 as follows: PART 165--[AMENDED] 1. The authority citation for Part 165 continues to read as follows: Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, 160.5; 49 CFR 1.46. 2. Add temporary Sec. 165.T01-167 to read as follows: [[Page 51899]] Sec. 165.T01-167 Security Zones; Presidential Visit and United Nations General Assembly, East River, New York. (a) Security Zones. The following areas are designated security zones: (1) Security Zone A: (i) Location: All waters of the East River bound by the following points: 40 deg.44'37''N, 073 deg.58'16.5''W (the base of East 35th Street Manhattan), then east to 40 deg.44'34.5''N, 073 deg.58'10.5''W (approximately 175 yards offshore of Manhattan), then northeasterly to 40 deg.45'29''N, 073 deg.57'26.5''W (approximately 125 yards offshore of Manhattan at the Queensboro Bridge), then northwesterly to 40 deg.45'31''N, 073 deg.57'30.5''W (Manhattan shoreline at the Queensboro Bridge), then southerly to the starting point at 40 deg.44'37''N, 073 deg.58'16.5''W. All nautical positions are based on North American Datum of 1983. (ii) Effective period. Paragraph (a)(1) applies from 9 a.m. until 7 p.m., each day from Monday, September 20, 1999, through Saturday, September 25, 1999, and from Monday, September 27, 1999, through Friday, October 1, 1999. (2) Security Zone B: (i) Location. All waters of the East River north of a line drawn from approximate position 40 deg.44'37''N, 073 deg.58'16.5''W, at the base of East 35th Street in Manhattan to approximate position 40 deg.44'23''N, 073 deg.57'44.5''W at Hunters Point in Long Island City, and south of the Queensboro Bridge. All nautical positions are based on North American Datum of 1983. (ii) Effective period. Paragraph (a)(2) applies from 9 a.m. until 11:30 a.m., and from 12:30 p.m. until 3:30 p.m. on Tuesday, September 21, 1999. (b) Effective period. This section is effective from 9 a.m. on September 20, 1999, until 7 p.m. on October 1, 1999. (c) Regulations. (1) The general regulations contained in 33 CFR 165.33 apply to this section. (2) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or the designated on-scene-patrol personnel. These personnel comprise commissioned, warrant, and petty officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard vessel via siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed. Dated: September 17, 1999. R.E. Bennis, Captain, U.S. Coast Guard, Captain of the Port, New York. [FR Doc. 99-25061 Filed 9-24-99; 8:45 am] BILLING CODE 4910-15-M