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
