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Security Zone; Arthur Kill, Staten Island, NY
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: August 17, 2001 (Volume 66, Number 160)]
[Rules and Regulations]
[Page 43088-43090]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17au01-15]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-01-135]
RIN 2115-AA97
Security Zone; Arthur Kill, Staten Island, NY
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone
around Howland Hook Terminal in the Arthur Kill during loading
operations for military equipment. This action is necessary to protect
the Port of New York/New Jersey against terrorism, sabotage or other
subversive acts and incidents of a similar nature during the U.S.
Army's ship loading operations. This action is intended to restrict
vessel traffic in a portion of the Arthur Kill.
DATES: This rule is effective from 6 a.m. on August 14, until 8 p.m. on
August 18, 2001.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket (CGD01-01-135) and are available for
inspection or copying at Coast Guard Activities New York, 212 Coast
Guard Drive, room 204, Staten Island, New York 10305, between 8 a.m.
and 3 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant M. Day, Waterways Oversight
Branch, Coast Guard Activities New York, 718-354-4012.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM, and that under 5 U.S.C.
553(d)(3), good cause exists for making this rule effective less than
30 days after publication in the Federal Register.
Due to the date that specific information on the ship loading
operations was made available to the Coast Guard, there was
insufficient time to draft and publish an NPRM before its effective
date. The delay encountered if normal rulemaking procedures were
followed would be contrary to the public interest, as immediate action
is needed to protect the Port of New York/New Jersey and the U.S.
Army's ship loading operations.
[[Page 43089]]
Background and Purpose
This security zone is needed to ensure the security of the Port of
New York/New Jersey and the military equipment loading operations on
the Arthur Kill at Howland Hook Terminal, Staten Island, NY. There is a
significant national security interest in protecting the U.S. Army's
ship loading operations. This security zone will safeguard the Port of
New York/New Jersey, against terrorism, sabotage or other subversive
acts and incidents of a similar nature during the U.S. Army's ship
loading operations.
The security zone includes all waters of the Arthur Kill bound by
the following points: 40 deg.38'36.1"N 074 deg.11'10.3"W; thence to
40 deg.38'36.9"N 074 deg.11'13.6"W; thence to 40 deg.38'26.3"N
074 deg.11'29.4"W; thence to 40 deg.38'17.5"N 074 deg.11'37.6"W; thence
to 40 deg.38'16.7"N 074 deg.11'35.8"W (NAD 1983); thence along the
shoreline to the point of beginning. This security zone is effective
from 6 a.m. on Tuesday, August 14, until 8 p.m. on Saturday, August 18,
2001. The U.S. Army only anticipates requiring the activation of this
security zone during two 8-hour periods of the zones' effective dates.
Exact dates and times will be made available via marine information
broadcasts once the U.S. Army makes them available to the U.S. Coast
Guard.
This security zone is based on the security needs for the Port of
New York/New Jersey and the U.S. Army. It has been narrowly tailored to
impose the least impact on maritime interests yet provide the level of
security deemed necessary. This safety zone does not affect the Federal
navigation channel west of Howland Hook Terminal. Entry into or
movement within this security zone is prohibited unless authorized by
the Coast Guard Captain of the Port, New York.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12886, 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. 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. This
finding is based on the minimal time that vessels will be restricted
from the zone, that vessels may still transit through the Arthur Kill
during the zones' activation, vessels will not be precluded from
mooring at or getting underway from commercial or recreational piers in
the vicinity of the zone, and extensive advance notifications which
will be made.
The U.S. Army only anticipates requiring the activation of this
security zone during two 8-hour periods of the zones' effective dates.
Exact dates and times will be made available via marine information
broadcasts once the U.S. Army makes them available to the U.S. Coast
Guard.
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 will affect the following entities, some of which may be
small entities: the owners or operators of vessels intending to transit
or anchor in a portion of the Arthur Kill during the time this zone is
activated.
This security zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. Marine
traffic will still be able to transit through the Arthur Kill during
the zones' activation. Additionally, vessels will not be precluded from
mooring at or getting underway from commercial or recreational piers in
the vicinity of the zone. Public notifications will be made prior to
the event via Marine Information Broadcasts, which are widely available
to users of the Arthur Kill.
The U.S. Army only anticipates requiring the activation of this
security zone during two 8-hour periods of the zones' effective dates.
Exact dates and times will be made available via marine information
broadcasts once the U.S. Army makes them available to the U.S. 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
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.
[[Page 43090]]
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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that under figure 2-1, paragraph 34(g), of Commandant
Instruction M16475.1D, this rule is categorically excluded from further
environmental documentation. This rule fits paragraph 34(g) as it
establishes a security zone. A ``Categorical Exclusion Determination''
is available in the docket for inspection or copying where indicated
under ADDRESSES.
List of Subjects 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--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
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.T01-135 to read as follows:
Sec. 165.T01-135 Security Zone: Arthur Kill, Staten Island, NY.
(a) Location. The following area is a security zone: All waters of
the Arthur Kill bound by the following points: 40 deg.38'36.1"N
074 deg.11'10.3"W; thence to 40 deg.38'36.9"N 074 deg.11'13.6"W; thence
to 40 deg.38'26.3"N 074 deg.11'29.4"W; thence to 40 deg.38'17.5"N
074 deg.11'37.6"W; thence to 40 deg.38'16.7"N 074 deg.11'35.8"W (NAD
1983); thence along the shoreline to the point of beginning.
(b) Effective period. This section is effective from 6 a.m. on
Tuesday, August 14, until 8 p.m. on Saturday, August 18, 2001.
(c) Regulations. (1) The general regulations contained in 33 CFR
165.33 apply.
(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 by siren, radio, flashing light, or other means, the operator of
a vessel shall proceed as directed.
Dated: August 8, 2001.
P. A. Harris,
Captain, U. S. Coast Guard Captain of the Port, New York, Acting.
[FR Doc. 01-20720 Filed 8-16-01; 8:45 am]
BILLING CODE 4910-15-U