Regulated Navigation Area and Safety and Security Zones; New York
Marine Inspection Zone and Captain of the Port Zone
[Federal Register: October 10, 2001 (Volume 66, Number 196)]
[Rules and Regulations]
[Page 51558-51562]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10oc01-4]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-01-181]
RIN 2115-AE84 and 2115-AA97
Regulated Navigation Area and Safety and Security Zones; New York
Marine Inspection Zone and Captain of the Port Zone
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing regulated navigation areas and
safety and security zones for vessels operating within the New York
Marine Inspection Zone and Captain of the Port Zone. This action is
necessary to ensure public safety, prevent sabotage or terrorist acts,
and facilitate the efforts of emergency services and law enforcement
officers responding to recent terrorist attacks on sites in Manhattan,
NY. The rule will prohibit vessels from entering certain areas of the
port and impose restrictions on vessel operations in other areas.
DATES: This rule is effective September 28, 2001 through April 8, 2002.
Comments and related material must reach the Coast Guard on or before
December 10, 2001.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD01-01-181 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 K. Garza, Waterways
Oversight Branch, Coast Guard Activities New York (718) 556-4407.
[[Page 51559]]
SUPPLEMENTARY INFORMATION:
Regulatory Information
As authorized by 5 U.S.C. 553, 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. This rulemaking is urgently required to facilitate
emergency services responding to terrorist attacks recently perpetrated
upon the World Trade Center in Manhattan, NY, and to prevent future
terrorist strikes within and adjacent to the Port of New York/New
Jersey. The delay inherent in the NPRM process is contrary to the
public interest insofar as it may impair urgent life-saving efforts by
emergency personnel or render individuals, vessels and facilities
within the Port vulnerable to subversive activity, sabotage or
terrorist attack.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The measures contemplated by the
rule are intended to facilitate ongoing, emergency response efforts and
prevent future terrorist attack. Immediate action is needed to
accomplish these objectives. Any delay in the effective date of this
rule is impracticable and contrary to the public interest.
Request for Comments
Although the Coast Guard has good cause to implement this
regulation without engaging in the Notice of Proposed Rulemaking
process, we want to afford the maritime community the opportunity to
participate in this rulemaking by submitting comments and related
material regarding the size, scope and duration of the Regulated
Navigation Areas, safety zones and security zones in order to minimize
unnecessary burdens on waterway users. If you do so, please include
your name and address, identify the docket number for this rulemaking
[CGD01-01-181], indicate the specific section of this document to which
each comment applies, and give the reason for each comment. Please
submit all comments and related material in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying. If you would
like to know they reached us, please enclose a stamped, self-addressed
postcard or envelope. We will consider all comments and material
received during the comment period. We may change this temporary final
rule in view of them.
Background and Purpose
Terrorist attacks against the World Trade Center in Manhattan, New
York on September 11, 2001 inflicted catastrophic human casualties and
property damage. Federal, state and local personnel are engaged in
ongoing efforts to rescue survivors and secure other potential
terrorist targets from attack. The Coast Guard has established
regulated navigation areas and safety and security zones within defined
areas of water in order to facilitate emergency response and rescue
activities, protect human life, and safeguard vessels and waterfront
facilities from sabotage or terrorist acts. If a change in conditions
during the effective period of this rule warrants lifting or mitigating
any restriction imposed in the rule, the decision to modify or waive
enforcement of that restriction will be communicated by broadcast
notice to mariners. These regulations are issued under authority
contained in 50 U.S.C. 191, 33 U.S.C. 1221, 1223, 1225 and 1226.
Regulated Navigation Area
The rule establishes a regulated navigation area (RNA) that
includes portions of the Hudson River, as well as New York Harbor Upper
and Lower Bays, Sandy Hook Bay, Raritan Bay, Newark Bay, Arthur Kill
and Kill Van Kull. Deep draft vessels are required to meet certain
conditions before entering the RNA. The conditions are imposed in order
to protect the subject vessels from subversive or terrorists acts and
to prevent their use as platforms for terrorist acts against
individuals, other vessels, waterfront facilities or adjoining
population centers.
In addition, the rule restricts passenger ferry services to
specific points on Manhattan Island at which they may land to embark or
disembark passengers. This restriction is intended to prevent undue
congestion in areas where emergency response and rescue vessels are
operating and to limit the introduction of pedestrian traffic in
restricted, hazardous portions of lower Manhattan.
Any vessel authorized by its Certificate of Inspection to carry
more than 49 passengers will be required to submit a Vessel Security
Plan before being allowed to operate within the RNA. While operating
within the RNA, passenger vessels authorized to carry more than 49
passengers must employ methods to secure the vessel from hijacking.
These security requirements will help to ensure that passenger vessels
operating in close proximity to population centers and waterfront
facilities cannot be commandeered for use by terrorists or saboteurs.
Recreational vessels are prohibited from operating within the RNA.
This restriction is necessary in order to provide security for
waterfront facilities susceptible to sabotage or terrorist acts,
alleviate undue vessel traffic congestion and prevent interference with
law enforcement and emergency response vessels. If circumstances permit
the resumption of some recreational vessel traffic, the Captain of the
Port will broadcast the terms and conditions under which recreational
vessels may resume operation within the RNA.
Included within the regulated navigation area is a special sector,
designated ``Area A'', which includes all waters within the RNA
consisting of the Hudson River south of the Holland Tunnel ventilators;
thence west of line drawn from the Governor's Island ventilators to the
western end of the Brooklyn Bridge; thence from the southwest corner of
Pier Lima on Governor's Island to Liberty Island Gong Buoy 29 (LLNR
34995) thence to the southeast corner of Pier 7 at Liberty State Park.
Only emergency response vessels directly assisting with the disaster in
lower Manhattan may operate in Area A. Commercial vessels assisting
with the disaster recovery efforts in Area A must contact Vessel
Traffic Services New York (VTSNY) prior to entering this emergency
response zone. All vessels operating within Area A must do so at no
wake speeds, or 10 knots, whichever is less. This restriction is
imposed in order to prevent interference with emergency response
personnel and equipment operating on and adjacent to the affected
shoreline.
Violations of the regulated navigation areas are punishable by
civil penalties (not to exceed $25,000 per violation), criminal
penalties (imprisonment for not more than 6 years and a fine of not
more than $250,000) and in rem liability against the offending vessel.
Safety and Security Zones
The rule also establishes six distinct safety and security zones.
Four of the zones are established by reference to fixed boundaries and
are intended to protect individuals, other vessels and waterfront
facilities from subversive or terrorist acts. Two of the zones are
defined by reference to a fixed radius around vessels capable of
movement throughout the Port of New York/New Jersey. These zones are
intended principally to protect the vessels themselves from subversive
or terrorist acts.
[[Page 51560]]
No person or vessel may enter or remain in the prescribed safety
and security zones at any time without the permission of the Captain of
the Port. Each person or vessel in a safety and security zone shall
obey any direction or order of the Captain of the Port. The Captain of
the Port may take possession and control of any vessel in a safety and
security zone and/or remove any person, vessel, article or thing from a
security zone. No person may board, take or place any article or thing
on board any vessel or waterfront facility in a security zone without
permission of the Captain of the Port.
Any violation of any safety or security zone described herein, is
punishable by, among others, civil penalties (not to exceed $25,000 per
violation, where each day of a continuing violation is a separate
violation), criminal penalties (imprisonment for not more than 6 years
and a fine of not more than $250,000), in rem liability against the
offending vessel, and license sanctions.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, 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 sizes of the zones are the
minimum necessary to provide adequate protection for the public,
vessels, and vessel crews. Any vessels seeking entry into or movement
within the safety and security zones must request permission from the
Captain of the Port or his authorized patrol representative. Any
hardships experienced by persons or vessels are considered minimal
compared to the national interest in protecting the public, vessels,
and vessel crews from the further devastating consequences of the
aforementioned acts of terrorism, and from potential future sabotage or
other subversive acts, accidents, or other causes of a similar nature.
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.
For the reasons addressed under the Regulatory Evaluation above,
the Coast Guard expects the impact of this regulation to be minimal and
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. Maritime
advisories will be initiated by normal methods and means and will be
widely available to users of the area.
Assistance for Small Entities
Under subsection 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 [Pub. L. 104-121], the Coast Guard
wants to assist small entities in understanding this final rule so that
they can better evaluate its effects on them and participate in the
rulemaking. If your small business or organization would be affected by
this final rule and you have questions concerning its provisions or
options for compliance, please call LT Kathleen Garza, telephone (718)
556-4407. Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
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 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 or more in any
one year. Though this rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect 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.
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
We have considered the environmental impact of this rule and
concluded that under figure 2-1,
[[Page 51561]]
paragraph 34(g) of Commandant Instruction M16475.lD, this 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 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 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.T01-165 to read as follows:
Sec. 165.T01-165 Regulated Navigation Area: New York Marine Inspection
Zone and Captain of the Port Zone.
(a) Regulated navigation area. The following waters within the
boundaries of the New York Marine Inspection Zone and Captain of the
Port Zone are established as Regulated Navigation Areas:
(1) All waters of the Hudson River, New York Harbor Upper and Lower
Bays, Sandy Hook Bay, Raritan Bay, Newark Bay, Arthur Kill and Kill Van
Kull, within the following boundaries: south of the George Washington
Bridge on the Hudson River; west of a line drawn from the Governor's
Island ventilators to the western end of the Brooklyn Bridge; north of
a line drawn between Rockaway Point, NY and the northern tip of Sandy
Hook, NJ; south of Leigh-Valley Bridge; and east of the Raritan River
Cut-off.
(2) Within the RNA is a smaller sector designated Area A--Lower
Manhattan: All waters within the RNA consisting of the Hudson River
south of the Holland Tunnel ventilators; all waters west of a line
drawn from the Governor's Island ventilators to the western end of the
Brooklyn Bridge, thence from the southwest corner of Pier Lima on
Governor's Island to Liberty Island Gong Buoy 29 (LLNR 34995) thence to
the southeast corner of Pier 7 at Liberty State Park.
(b) Applicability. This section applies to all vessels operating
within the Regulated Navigation Area, including naval and public
vessels, except vessels that are engaged in the following operations:
(1) Law enforcement;
(2) Emergency response;
(3) Servicing aids to navigation; or
(4) Surveying, maintenance, or improvement of waters in the
Regulated Navigation Area.
(c) Effective dates. This section is effective from September 28,
2001 through April 8, 2002.
(d) Regulations. (1) Only emergency response vessels directly
assisting with the disaster in lower Manhattan may operate in the
sector designated Area A. Commercial vessels assisting with the
disaster recovery efforts in Area A must contact Vessel Traffic
Services New York (VTSNY) prior to entering the area. Vessels
transiting Area A must do so at no wake speed, or speeds not to exceed
10 knots, whichever is less.
(2) Passenger ferry services operating within the RNA are not
authorized to use ferry slips south of 14th Street in Manhattan,
without receiving express authorization from VTSNY.
(3) Any passenger ferry operating within the RNA is required to
contact VTSNY before getting underway to ensure compliance with the
foregoing requirements in this section and to inform VTSNY of the
vessel's destination.
(4) No vessel whose Certificate of Inspection authorizes it to
carry more than 49 passengers may enter, transit or operate within the
RNA until Coast Guard Activities New York, Inspection Division, has
reviewed and approved that vessel's Security Plan. An approved Vessel
Security Plan submitted in accordance with 33 CFR 120 will satisfy the
requirements of this section. A Vessel Security Plan shall, at a
minimum:
(i) Describe all measures taken to ensure the physical security of
the vessel and the security, safety and identity of persons on board
the vessel;
(ii) Identify those areas and spaces on the vessel that passengers
are restricted or prohibited from entering or accessing; and
(iii) Establish a procedure to address and report terrorist or
hijacking threats.
(5) Each passenger vessel whose Certificate of Inspection
authorizes it to carry more than 49 passengers shall keep its pilot
house door closed and locked while operating within the RNA to ensure
maximum protection of the passengers and crew.
(6) All deep draft vessels operating within the RNA must enter the
Port via Ambrose or Sandy Hook Channels. Before entering the RNA, the
following conditions must be met:
(i) The vessel must undergo a port security inspection by the U. S.
Coast Guard;
(ii) The vessel's agent must confirm that the vessel's berth is
ready to receive the ship;
(iii) The vessel must embark a pilot; and
(iv) The vessel must be escorted by two tugs when transiting the
harbor inside of one nautical mile (1 NM) south of the Verrazano
Narrows Bridge or the Outerbridge Crossing.
(7) Recreational vessels are prohibited from operating within the
RNA. If circumstances permit the resumption of some recreational vessel
traffic during the effective period of this rule, the Captain of the
Port will broadcast the terms and conditions under which recreational
vessels may operate within the RNA.
3. Add temporary Sec. 165.T01-166 to read as follows:
Sec. 165.T01-166 Safety and Security Zones: New York Marine Inspection
Zone and Captain of the Port Zone.
(a) Safety and security zones. The following are established as
safety and security zones:
(1) Safety and Security Zone A. Indian Point Nuclear Power Plant:
All waters of the Hudson River within 1000 yards of the Indian Point
Nuclear Power Station, located south of Peekskill Bay, from Charles
Point on the north to the overhead power cables to the south.
(2) Safety and Security Zone B. OEM Emergency Command Post: All
waters of the Hudson River bound by the following points: from the
northeast corner of Pier 96, Manhattan, where it intersects the
seawall; thence to approximate position 40 deg.46'23" N, 073 deg.59'59"
W; thence to 40 deg.45'56.4" N, 074 deg.00'19.1" W; thence to the
southeast corner of Pier 84, Manhattan, where it intersects the
seawall; thence along the shoreline to the point of origin (NAD 83).
(3) Safety and Security Zone C. Liberty Island. All waters of Upper
New York Bay bound by the following points: the northeast corner of
Liberty State Park in approximate position 40 deg.42'20.4" N,
074 deg.02'06.2" W; thence to Ellis Island Lighted Gong Buoy 31 (LLNR
35005); thence to Liberty Island Lighted Gong Buoy 29 (LLNR 34995);
thence to the southeast corner of Pier 7, Liberty State Park, in
approximate position 40 deg.41'26.2" N, 074 deg.03'17.9" W.
(4) Safety and Security Zone D. USNS COMFORT: A moving security
zone including all waters within a 200-yard radius of the USNS COMFORT
while it is transiting, moored or berthed in any
[[Page 51562]]
portion of the Port of New York/New Jersey.
(5) Safety and Security Zone E. U.S. Coast Guard vessels: All
waters within a 100-yard radius of any anchored U.S. Coast Guard
vessel.
(6) Safety and Security Zone F. Bridge stanchions: All waters
within 25 yards of any bridge stanchion in the Port of New York/New
Jersey including, but not limited to, the following bridges at the
specified mile markers:
(i) In the East River: Brooklyn Bridge (Mile 0.8), Manhattan Bridge
(Mile 1.1), Williamsburg Bridge (Mile 2.3), Queensboro Bridge (Mile
5.5), Triboro Bridge (Mile 7.8), Whitestone Bridge (Mile 13.8) and
Throgs Neck Bridge (Mile 15.8);
(ii) In the Hudson River: George Washington Bridge (Mile 11.8)
(iii) In the Kill Van Kull: Bayonne Bridge (Mile 1.5);
(iv) In the Arthur Kill: Outerbridge Crossing (Mile 2.0), Goethals
Bridge (Mile 11.5) and AK Lift Bridge (Mile 11.6); and
(v) In New York Harbor: Verrazano Narrows Bridge.
(b) Effective dates. This section is effective from September 28,
2001 through April 8, 2002.
(c) Regulations. (1) The general regulations contained in 33 CFR
165.23 and 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: September 28, 2001.
G.N. Nacarra,
Rear Admiral, U.S. Coast Guard District Commander.
[FR Doc. 01-25290 Filed 10-9-01; 8:45 am]
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