11 September 2012
Coast Guard Sets UN Security Zone
[Federal Register Volume 77, Number 176 (Tuesday, September 11, 2012)]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22293]
DEPARTMENT OF HOMELAND SECURITY
33 CFR Part 165
[Docket Number USCG-2012-0202]
Security Zones; Dignitary Arrival/Departure and United Nations
Meetings, New York, NY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
SUMMARY: The Coast Guard proposes to establish a permanent security
zone on the waters of the East River and Bronx Kill, in the vicinity of
Wards Islands, New York; revise the description of the Wall Street
Heliport security zone on the East River, New York; and clarify the
enforcement times and locations of the security zones that are located
near the United Nations Headquarters in Manhattan, New York, as set
forth in 33 CFR 165.164(a)(4) and (a)(5). This action is necessary to
protect visiting dignitaries and the Port of New York/New Jersey
against terrorism, sabotage or other subversive acts and incidents of a
similar nature during the dignitaries' visit to New York City. The
zones are intended to restrict vessels from a portion of the East River
and Bronx Kill when public officials are scheduled to arrive and depart
the area. Persons or vessels would not be allowed to enter these
security zones without permission from the Captain of the Port New York
(COTP) or the COTP's designated on-scene representative.
DATES: Comments and related material must be received by the Coast
Guard on or before November 13, 2012. Requests for public meetings must
be received by the Coast Guard on or before October 2, 2012.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329. See the
``Public Participation and Request for Comments'' portion of the
SUPPLEMENTARY INFORMATION section below for further instructions on
submitting comments. To avoid duplication, please use only one of these
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Jeff Yunker, Waterways Management Division, U.S.
Coast Guard; telephone (718) 354-4195, email Jeff.M.Yunker@uscg.mil or
Lieutenant Isaac Slavitt, Coast Guard First District Waterways
Management Branch; telephone (617) 223-8385, email
Isaac.M.Slavitt@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone (202) 366-9826.
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
type the docket number (USCG-2012-0202) in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2012-0202) 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
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public meeting
We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
B. Regulatory History and Information
On five previous occasions, the Coast Guard established a similar
temporary security zone to the one being proposed by this NPRM on the
waters of the East River and Bronx Kill in the vicinity of Randalls
Island. These five temporary security zones were effective on the
following dates: March 29, 2011, November 30, 2011, January 19, 2012,
March 1, 2012, and May 14, 2012. In four of those instances, the Coast
Guard was unable to publish the temporary security zone in the Federal
Register due to receiving late notifications regarding the arrival
dates of the visiting dignitaries. For the March 1, 2012, temporary
security zone, we published a temporary final rule in the Federal
Register (77 FR 10960) entitled ``Security Zone, East River and Bronx
Kill; Randalls and Wards Islands, NY.''
On June 8, 2000, the Coast Guard proposed to establish two
permanent security zones near the United Nations Headquarters located
on the East River at East 43rd Street, Manhattan, New York (65 FR
36393). We received no letters commenting on the proposed rule and no
public hearing was requested and none was held. On August 2, 2000, we
published a final rule (FR) in the Federal Register (65 FR 47318)
establishing the two permanent security zones near the United Nations
Headquarters located on the East River at East 43rd Street, Manhattan,
New York. These permanent security zones are set forth in 33 CFR
165.164(a)(4) and (a)(5).
C. Basis and Purpose
The legal basis for the proposed rule is 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, 160.5; Department of Homeland Security Delegation No.
0170.1, which collectively authorize the Coast Guard to establish
On five occasions since March 2011, the United States Secret
Service has requested that the Coast Guard establish a temporary
security zone on the waters of the East River and Bronx Kill during the
arrival and departure of the President of the United States to and from
Randalls and Wards Islands, New York.
The purpose of the proposed security zone is to facilitate the
security and safety of the President and Vice President of the United
States, and visiting heads of foreign states and other dignitaries
during their visit to New York City.
The purpose of the revision to the Wall Street Heliport security
zone is to identify the northern boundary of the security zone on the
Manhattan shoreline at Wall Street. This is necessary due to the
removal of Pier 13 that is currently referenced in 33 CFR
The purpose of the revisions to the United Nations security zone is
to clarify enforcement times for the security zone, provide a more
detailed description of the security zones, and provide a better
understanding of the transit restrictions that would be enacted.
D. Discussion of Proposed Rule
The COTP New York proposes to establish a security zone on the
waters of the East River and Bronx Kill in the vicinity of Randalls and
Wards Islands, New York. The security zone is approximately 2,150 yards
long and 860 yards wide. The security zone encompasses approximately
0.21 square nautical miles.
This proposed security zone would be activated 30 minutes before
the dignitaries' arrival into the zone and would remain in effect until
15 minutes after the dignitaries' departure from the zone.
The proposed security zone on the East River in the vicinity of
Randalls Island is necessary to facilitate the security and safety of
the President of the United States and other dignitaries when they are
in the vicinity of Randalls Island.
The proposed revision to the Wall Street Heliport security zone,
paragraph (a)(1) of Sec. 165.164, is necessary due to the removal of
Pier 13 in Manhattan. This pier is currently used as a reference point
to describe the northern boundary of the current security zone. This
proposed revision would not change the size of the security zone. It
would simply identify the position on the Manhattan shoreline of the
current security zone boundary.
The proposed addition of paragraph (c)(2) of Sec. 165.164 is
necessary to clarify that the security zone in paragraph (a)(4),
restricting access to the western half of the west channel at the
United Nations, is in effect at all times.
The proposed addition of the United Nations West Channel Closure,
proposed 33 CFR 165.164(a)(5), is necessary to provide a more detailed
description of the security zones that would be enacted during the
annual United Nations General Assembly meetings. This would provide
mariners a better understanding of the vessel transit restrictions that
would be enacted and whether they would have the option of transiting
the shallower waters of the eastern channel of the East River at
Roosevelt Island during some portions of the United Nations General
We are also proposing paragraph headings for each of the security
zone locations in the regulation. This will provide an improved
description of the location of each security zone allowing mariners to
quickly determine if they would be impacted by the activation of that
We are proposing to move the activation times in paragraph (a)(6)
of Sec. 165.164 to proposed 33 CFR 165.164(c)(2), and amend the
regulation to make the United Nations security zone effective at all
times. We are also proposing to amend the means of notification in
paragraph (a)(7) of Sec. 165.164 and are proposing to insert a
paragraph heading entitled ``Notification of Enforcement'' in proposed
33 CFR 165.164(d).
We are proposing a ``Definitions'' paragraph to help reduce
confusion in our use of the words ``dignitary'' and ``designated
We are proposing a ``Contact Information'' paragraph to provide
more detailed instructions on requesting authorization for mariners to
enter or operate within the security zones.
Additionally, we are proposing a paragraph entitled ``Vessel
Operator and Persons Authorized within a Security Zone'' to explain how
the U.S. Coast Guard expects these individuals to respond after they
have requested permission to enter the activated security zones.
E. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This proposed 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 limited time that vessels would
be restricted from the Randalls and Wards Islands zone. The security
zone would be activated for approximately 60 minutes approximately six
times per year or when necessary. The Coast Guard expects minimal
adverse impact to mariners from the zone's activation based on the
limited duration of the enforcement period, the limited geographic area
affected and because affected mariners may request authorization from
the COTP or the designated on-scene representative to transit the zone.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
would not have a significant economic impact on a substantial number of
This proposed rule would affect the following entities, some of
which may be small entities: The owners and operators of vessels
intending to transit or anchor in a portion of the East River or Bronx
Kill, in the vicinity of Randalls or Wards Islands, NY during the
This security zone would not have a significant economic impact on
a substantial number of small entities for the following reasons: The
security zone is of limited size and duration. Persons or vessels may
request permission to
transit the security zone from the COTP or the designated on-scene
Additionally, before and during the effective period, the Coast
Guard would issue maritime advisories widely available to users of the
waterway, including marine information broadcasts, and distribute a
written notice online at http://homeport.uscg.mil/newyork.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
4. Collection of Information
This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
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 proposed rule under that Order and
have determined that this rule does not have implications for
6. 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.
7. 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 proposed rule would not
result in such expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
9. Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
10. Protection of Children from Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
12. Energy Effects
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use 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.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
We have analyzed this proposed 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
made a preliminary determination 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 proposed rule involves the
establishment of one security zone and two revisions of another
security zone. This rule is categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist will be 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
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREA
1. The authority citation for part 165 continues to read as
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.
2. Revise Sec. 165.164 to read as follows:
Sec. 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 boundaries: East of a line drawn
between approximate position 40[deg]42'01'' N, 074[deg]00'39'' W (east
of The Battery) to 40[deg]41'36'' N, 074[deg]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[deg]42'14.8'' N, 074[deg]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[deg] 47'27.12'' N, 073[deg]
54'35.14'' W (Lawrence Point, Queens) to a point at approximate
position 40[deg] 47'52.55'' N, 073[deg] 54'35.25'' W (Port Morris
Stacks), and all waters of the Bronx Kill southeast of the Bronx Kill
Rail Road Bridge (mile 0.6) (NAD 1983).
(3) Marine Air Terminal, La Guardia Airport: All waters of Bowery
Bay, Queens, New York, south of a line drawn from the western end of La
Guardia Airport at approximate position 40[deg]46'47'' N
073[deg]53'05'' W to the Rikers Island Bridge at approximate position
40[deg]46'51'' N 073[deg]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[deg]46'36'' N 073[deg]53'31'' W
(4) United Nations. 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 (about 175 yards offshore of Manhattan), then
northeasterly to 40[deg]45'29'' N, 073[deg]57'26.5'' W (about 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 (NAD 1983).
(5) United Nations West Channel Closure. 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 (the base of East 35th Street, Manhattan), to
approximate position 40[deg]44'31.04'' N, 073[deg]58'03.10'' W
(approximately 400 yards east of the Manhattan shoreline), all waters
west of a line drawn from approximate position 40[deg]44'31.04'' N,
073[deg]58' 03.10'' W (approximately 400 yards east of the Manhattan
shoreline), to the southern tip of Roosevelt Island at approximate
position 40[deg]44'57.96'' N, 073[deg]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[deg]44'37'' N,
073[deg]58'16.5'' W (the base of East 35th Street, Manhattan), to
approximate position 40[deg]44'23'' N, 073[deg]57'44.5'' W (Hunters
Point, Long Island City), and south of the Queensboro Bridge (NAD
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. The 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.
(1) In accordance with the general regulations in 33 CFR part 165,
no person or vessel may enter or move within a security zone created by
this section while it is activated unless granted permission to do so
by the COTP New York or the designated representative.
(2) The security zone described in paragraph (a)(4) of this section
is in effect at all times.
(d) Notification of Enforcement. Coast Guard Sector New York will
provide actual notice to mariners for the purpose of enforcement. The
COTP will also provide notice to the maritime public regarding the
activation of these security zones by appropriate means, which may
include but are not limited to a Local Notice to Mariners or marine
information broadcasts, and at http://homeport.uscg.mil/newyork.
(e) Contact Information. Vessel operators desiring to enter or
operate within the security zone shall telephone the COTP at 718-354-
4356 or the designated representative via VHF channel 16 to request
permission to do so.
(f) Vessel Operators and Persons Authorized within a Security Zone.
Vessel operators and persons given permission to enter or operate in
the security zone must comply with all directions given to them by the
COTP or the designated representative. Upon being hailed by a U.S.
Coast Guard or New York City police vessel by siren, radio, flashing
lights, or other means, the operator of a vessel shall proceed as
directed. Those vessels may be required to anchor or moor up to a
* * * * *
Dated: July 23, 2012.
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2012-22293 Filed 9-10-12; 8:45 am]
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