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19 February 2003. One of the Eyeball series.
Source: Mapquest.com

[Federal Register: February 19, 2003 (Volume 68, Number 33)]
[Rules and Regulations]               
[Page 7926-7931]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19fe03-19]                         

=======================================================================
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DEPARTMENT OF TRANSPORTATION
Coast Guard

33 CFR Part 165

[CGD01-03-010]
RIN 2115-AA97
 
Safety and Security Zones; New York Marine Inspection Zone and 
Captain of the Port Zone.

ACTION: Temporary final rule; request for comments.

-----------------------------------------------------------------------

[Excerpt on the NYPD ammunition depot.]

SUMMARY: The Coast Guard is establishing temporary safety and security 
zones in portions of the waters around La Guardia and John F. Kennedy 
airports in Queens, NY, the New York City Police Department (NYPD) 
ammunition depot on Rodman Neck in Eastchester Bay, and the Port Newark 
and Port Elizabeth, NJ, commercial shipping facilities in Newark Bay. 
This action is necessary to safeguard critical port infrastructure and 
coastal facilities from sabotage, subversive acts, or other threats. 
The zones will prohibit entry into or movement within these areas 
without authorization from the Captain of the Port New York.

DATES: This rule is effective from February 4, 2003 until September 1, 
2003. Comments and related material must reach the Coast Guard on or 
before April 21, 2003.

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(3), the Coast Guard finds that good 
cause exists for not publishing an NPRM. The Captain of the Port 
conducts an ongoing assessment of the maritime domain security needs 
within the port and has determined that the temporary safety and 
security zones established by this rule are necessary to provide for 
the protection of critical port infrastructure and coastal facilities. 
This determination was reached after due consideration of various 
warnings publicly disseminated by the Federal Bureau of Investigation 
and other law enforcement agencies, threatening statements attributed 
to the al Qaeda organization, terrorist attacks upon civil aviation in 
Kenya, Africa, and requests received from the police departments of New 
York City and the Port Authority of New York and New Jersey. In view of 
the urgent need to adequately safeguard critical coastal facilities and 
infrastructure from potential terrorist attack, any delay encountered 
by normal notice and comment rulemaking procedures would be contrary to 
the public interest.
    For the same reasons, the Coast Guard further finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register pursuant to 5 U.S.C. 553(d)(3).

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. The President has 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, 67 FR 58317 (September 13, 2002); Continuation of 
the National Emergency With Respect To Persons Who Commit, Threaten To 
Commit, Or Support Terrorism, 67 FR 59447 (September 20, 2002). 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 of United States 
that have existed since the terrorist attacks on the United States 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).
    Since the September 11, 2001 terrorist attacks, the Federal Bureau 
of Investigation has issued several warnings concerning the potential 
for additional attacks within the United States. In addition, the 
ongoing hostilities in Afghanistan and growing tensions within Iraq 
have made it prudent for U.S. ports and properties of national 
significance to be on a higher state of alert because the al Qaeda 
organization and other similar organizations have declared an ongoing
intention to conduct armed attacks on U.S. interests worldwide.
    The Captain of the Port New York recently established six new 
safety and security zones throughout the New York Marine Inspection 
Zone and Captain of the Port Zone. (68 FR 2890, January 22, 2003). 
Subsequently, the Captain of the Port has determined that the safety 
and security zones established by this rule are urgently required to 
meet critical maritime domain security needs that were not addressed by 
the earlier rule. The Captain of the Port will consider any public 
comments submitted with respect to the temporary zones established in 
this rule before commencing notice and comment rulemaking to develop 
any permanent successor rule that may be required to meet the security 
needs of the port.
    The Coast Guard is establishing temporary safety and security zones 
around La Guardia and John F. Kennedy airports, the New York City 
Police Department ammunition depot, and the Port Newark/Port Elizabeth 
commercial shipping facilities. These safety and security zones are 
necessary to provide for the safety of the port and to ensure that 
vessels, facilities, airports, or ammunition depots, are not used as 
targets of, or platforms for, terrorist attacks. These zones would 
restrict entry into or movement within portions of the New York Marine 
Inspection and Captain of the Port Zones.

NYPD Ammunition Depot, Rodman Neck, Eastchester Bay, NY

    The Coast Guard is establishing two temporary safety and security 
zones in all waters of Eastchester Bay near the NYPD Ammunition Depot 
bound by the following points:
    First, all waters of Eastchester Bay within approximately 150 yards 
of Rodman Neck bound by the following points: Onshore in approximate 
position 40[deg]51'30.4'' N, 073[deg]48'14.9'' W, thence to 
40[deg]51'29.9'' N, 073[deg]48'20.7'' W, thence to 40[deg]51'16.9'' N, 
073[deg]48'22.5'' W, thence to 40[deg]51'07.5'' N, 073[deg]48'18.7'' W, 
thence to 40[deg]50'54.2'' N, 073[deg]48'11.1'' W, thence to 
40[deg]50'48.5'' N, 073[deg]48'04.6'' W, thence to 40[deg]50'49.2'' N, 
073[deg]47'56.5'' W, thence to 40[deg]51'03.6'' N, 073[deg]47'47.3'' W, 
thence to 40[deg]51'15.7'' N, 073[deg]47'46.8'' W, thence to 
40[deg]51'23.5'' N, 073[deg]47'41.9'' W, (NAD 1983) thence 
southwesterly along the shoreline to the point of origin.
    Second, within the boundaries of the above-described 150-yard zone, 
all waters of Eastchester Bay within approximately 100 yards of Rodman 
Neck bound by the following points: Onshore in approximate position 
40[deg]51'30.4'' N, 073[deg]48'14.9'' W, thence to 40[deg]51'30.1'' N, 
073[deg]48'19.0'' W, thence to 40[deg]51'16.8'' N, 073[deg]48'20.5'' W, 
thence to 40[deg]51'07.9'' N, 073[deg]48'16.8'' W, thence to 
40[deg]50'54.9'' N, 073[deg]48'09.0'' W, thence to 40[deg]50'49.7'' N, 
073[deg]48'03.6'' W, thence to 40[deg]50'50.1'' N, 073[deg]47'57.9'' W, 
thence to 40[deg]51'04.6'' N, 073[deg]47'48.9'' W, thence to 
40[deg]51'15.9'' N, 073[deg]47'48.4'' W, thence to 40[deg]51'23.5'' N, 
073[deg]47'41.9'' W, (NAD 1983) thence southwesterly along the 
shoreline to the point of origin.
    When port security conditions permit, the Captain of the Port will 
allow vessels to operate within that portion of the 150-yard zone that 
lies outside of the waters described in the 100-yard zone. 
Authorization to enter the waters that lie between the outer boundaries 
of the two zones will be communicated by the Captain of the Port to the 
public by marine broadcast, local notice to mariners, or notice posted 
at http://www.harborops.com. This regulatory framework provides the 
Captain of the Port with the tools to safeguard Police Department 
property and equipment and the flexibility to accommodate local 
mariners to the maximum extent permissible under the circumstances then 
existing.



Eyeballing

the
New York Police Department
Ammunition Depot