81 FR 76545 - Safety and Security Zones; New York Marine Inspection and Captain of the Port Zone
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 81, Issue 213 (November 3, 2016)
Coast Guard
Federal Register Volume 81, Issue 213 (November 3, 2016)
| Page Range | 76545-76546 | |
| FR Document | 2016-26599 |
[Federal Register Volume 81, Number 213 (Thursday, November 3, 2016)] [Proposed Rules] [Pages 76545-76546] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-26599] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2016-0799] RIN 1625-AA87 Safety and Security Zones; New York Marine Inspection and Captain of the Port Zone AGENCY: Coast Guard, DHS. ACTION: Advance notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is requesting public comments from any and all waterway users regarding the permanent security zone that encompasses all waters within 150 yards of the bridge connecting Liberty State Park and Ellis Island. The Coast Guard is considering restoring navigational access to the waterway between Ellis Island and Liberty State Park by modifying the security zone around the Ellis Island Bridge. The purpose removal of the security zone would be to increase navigational safety in New York Harbor by allowing vessels to transit under the Ellis Island Bridge, rather than being required to transit the Anchorage Channel. DATES: Comments and related material must be received by the Coast Guard on or before January 3, 2017. ADDRESSES: You may submit comments identified by docket number USCG- 2016-0799 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email MST1 Kristina Pundt, Waterways Management, U.S. Coast Guard; telephone (718) 354-4352, email [email protected]. SUPPLEMENTARY INFORMATION: Table of Acronyms ANPRM Advance notice of proposed rulemaking NPRM Notice of proposed rulemaking DHS Department of Homeland Security FR Federal Register MARSEC Maritime Security NYCWTA New York City Water Trail Association A. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this possible rulemaking. 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, indicate the specific question number to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086). Documents mentioned in this ANPRM as being available in the docket, and all [[Page 76546]] public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted and if we publish rulemaking documents related to this ANPRM. B. Regulatory History and Information On November 27, 2002, the Coast Guard published a notice of proposed rulemaking (NPRM) entitled, ``Safety and Security Zones; New York Marine Inspection and Captain of the Port Zone'' in the Federal Register (67 FR 70892). The NPRM proposed to establish a permanent safety and security zone encompassing all waters within 150 yards of Liberty Island, Ellis Island, and the bridge between Liberty State Park and Ellis Island. We received no comments on the proposed rule. No public hearing was requested and none was held. The current 150-yard permanent security zone around the Ellis Island Bridge became effective on January 1, 2003 as enacted by a final rule entitled, ``Safety and Security Zones; New York Marine Inspection Zone and Captain of the Port Zone'' published in the Federal Register (68 FR 2886, January 22, 2003). On May 6, 2008 the Coast Guard published a notice of proposed rulemaking (NPRM) entitled, ``Safety and Security Zones; New York Marine Inspection Zone and Captain of the Port'' in the Federal Register (73 FR 24889). The NPRM proposed to modify several aspects of the permanent safety and security zone regulations within the New York Captain of the Port Zone. We received 15 comments regarding the proposed rule. A public meeting was requested to discuss the proposed expansion of the Liberty and Ellis Island security zones to include all waters within 400 yards of these two islands instead of the existing security zone within a 150 yard radius of Liberty and Ellis Islands. Based on the comments received, the Coast Guard withdrew the proposed change to the Liberty and Ellis Island security zones and therefore a public meeting was no longer needed. C. Basis and Purpose The legal basis and authority for this ANPRM is 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; and Department of Homeland Security Delegation No. 0170.1. On April 18, 2016, the Coast Guard received a request from the New York City Water Trail Association (NYCWTA) to consider restoring navigational access to the waterway between Ellis Island and Liberty State Park by removing the security zone around the Ellis Island Bridge. The purpose of this ANPRM is to solicit comments on potential proposed rulemakings to modify the existing security zone around the Ellis Island Bridge. D. Discussion of Possible Proposed Rule The existing security zone surrounding the Ellis Island Bridge prohibits all vessels from transiting underneath the Ellis Island Bridge and the protected waters between Ellis Island and Liberty State Park. All vessels must transit in the Anchorage Channel to the east of Ellis Island, where larger commercial vessel traffic is prevalent. Small passenger vessels that transit to Ellis Island also use this channel. Due to congestion of the waterway as a result of this traffic, the Coast Guard is considering a modification of the existing Ellis Island Bridge security zone. Modifying or eliminating this zone would provide smaller vessels the opportunity to transit underneath the bridge instead of within the Anchorage Channel, therefore, decreasing channel congestion and increasing navigational safety in the harbor. The existing 25 yard security zone surrounding any bridge pier or abutment would still apply to this bridge as per 33 CFR 165.169(a)(5). E. Information Requested Public participation is requested to assist in determining the best way forward with respect to modifying the existing security zone surrounding the Ellis Island Bridge. To aid us in developing a possible proposed rule, we seek any comments, whether positive or negative, including but not limited to, the impacts that the existing security zone surrounding the Ellis Island Bridge has on navigational safety. We are also seeking comments on the current vessel traffic and the types of vessels that transit in this area. To aid us in developing a proposed rule, we seek your responses to the following questions. 1. Should the existing security zone surrounding the bridge only be enforced between sunset and sunrise or during daylight hours as well? Why? 2. Should there be any security zone or vessel operating restrictions enforced surrounding the Ellis Island Bridge? 3. Should the Ellis Island Bridge only have a designated 25-yard security zone surrounding its piers as currently applies to all other bridges south of the Troy Lock on the Hudson River (33 CFR 165.169(a)(5))? 4. What types and sizes of vessels should be allowed to transit under the Ellis Island bridge? 5. Are there tide, weather, or other variables that preclude vessels from transiting under the bridge? 6. What are the pros of modifying the security zone? 7. What are the cons of modifying the security zone? 8. What are the risks to the bridge of resuming vessel traffic underneath? 9. What are the risks to commercial and recreational vessel traffic by requiring small recreational motor, and human powered, vessels to continue transiting through the Anchorage Channel near Ellis Island? 10. Should the U.S. Park Service screen vessels that transit underneath the bridge? 11. Are there other bridges in the COTP Area that should not be available for recreational vessels to transit underneath? 12. Should alternative security measures be established for access control to the Ellis Island Bridge, as per 33 CFR 105.255? 13. Should alternative security measures be established for restricted areas, such as the Ellis Island Bridge, as per 33 CFR 105.260? 14. Should additional security measures be established for monitoring the Ellis Island Bridge as per 33 CFR 105.275? 15. Should there be different levels of vessel transit restrictions underneath the bridge based on the current MARSEC Level? MARSEC Level means the level set to reflect the prevailing threat environment to the marine elements of the national transportation system, including ports, vessels, facilities, and critical assets and infrastructure located on or adjacent to waters subject to the jurisdiction of the U.S. (33 CFR 101.105 and 33 CFR 105.230). 16. What restrictions would you recommend be established for vessel transits underneath the bridge during MARSEC Level 1, 2, or 3? Please submit comments or concerns you may have in accordance with the ``Public Participation and Request for Comments'' section above. Dated: October 17, 2016. M.H. Day, Captain, U.S. Coast Guard, Captain of the Port New York. [FR Doc. 2016-26599 Filed 11-2-16; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Proposed Rules 76545
for purposes of section 956; (iii) Furthermore, on April 8, 2016, the DATES: Comments and related material
proposed § 1.956–2(d)(2), which sets Treasury Department and the IRS must be received by the Coast Guard on
forth the definition of ‘‘obligation’’ for published in the Federal Register or before January 3, 2017.
purposes of section 956; and (iv) proposed regulations (81 FR 20588), ADDRESSES: You may submit comments
proposed § 1.956–3, which provides which contain in proposed § 1.956–2(d) identified by docket number USCG–
guidance on the treatment of certain a definition of obligation for purposes of 2016–0799 using the Federal
trade or service receivables received in section 956, as well as several eRulemaking Portal at http://
factoring transactions as United States exceptions from the definition, www.regulations.gov. See the ‘‘Public
property for purposes of section 956, including those set forth in the 1988 Participation and Request for
including rules in proposed § 1.956– NPRM. Accordingly, the rule in the Comments’’ portion of the
3(b)(2)(ii) that address the acquisition of 1988 NPRM that addresses the SUPPLEMENTARY INFORMATION section for
a trade or service receivable by a definition of obligation is withdrawn. further instructions on submitting
nominee or pass-through entity. The comments.
regulations were proposed by cross- List of Subjects in 26 CFR Part 1
FOR FURTHER INFORMATION CONTACT: If
reference to temporary regulations in Income taxes, Reporting and
§§ 1.304–4T, 1.956–1T(b)(4), 1.956– recordkeeping requirements. you have questions on this rule, call or
2T(d), and 1.956–3T that were email MST1 Kristina Pundt, Waterways
Partial Withdrawal of a Notice of Management, U.S. Coast Guard;
published in the same issue of the
Proposed Rulemaking telephone (718) 354–4352, email
Federal Register (TD 8209, 53 FR
22163). This document withdraws Accordingly, under the authority of Kristina.H.Pundt@uscg.mil.
certain of these proposed regulations 26 U.S.C. 7805, §§ 1.304–4, 1.956– SUPPLEMENTARY INFORMATION:
because the rules in the proposed 1(b)(4), 1.956–2(d)(2), and 1.956– Table of Acronyms
regulations are supplanted by final 3(b)(2)(ii) of the notice of proposed
regulations or other proposed rulemaking (INTL–49–86) published in ANPRM Advance notice of proposed
the Federal Register on June 14, 1988, rulemaking
regulations. NPRM Notice of proposed rulemaking
Specifically, in the Rules and (53 FR 22186) are withdrawn. DHS Department of Homeland Security
Regulations section of this issue of the FR Federal Register
John M. Dalrymple,
Federal Register, the Treasury MARSEC Maritime Security
Deputy Commissioner for Services and
Department and the IRS are issuing final NYCWTA New York City Water Trail
Enforcement.
regulations that contain rules in Association
[FR Doc. 2016–26423 Filed 11–2–16; 8:45 am]
§ 1.956–1(b) concerning United States
BILLING CODE 4830–01–P A. Public Participation and Request for
property indirectly held by a CFC for
Comments
purposes of section 956, and rules in
§ 1.956–3(b)(2)(ii) concerning the We view public participation as
acquisition by a nominee, pass-through DEPARTMENT OF HOMELAND essential to effective rulemaking, and
entity, or related foreign corporation for SECURITY will consider all comments and material
purposes of the section 956 rules received during the comment period.
governing factoring transactions. The Coast Guard Your comment can help shape the
final regulations in §§ 1.956–1(b) and outcome of this possible rulemaking. If
1.956–3(b)(2)(ii) were included in a 33 CFR Part 165 you submit a comment, please include
notice of proposed rulemaking (REG– [Docket Number USCG–2016–0799] the docket number for this rulemaking,
155164–09) published in the Federal indicate the specific section of this
Register on September 2, 2015 (80 FR RIN 1625–AA87 document to which each comment
53058, as corrected at 80 FR 66485). applies, indicate the specific question
Safety and Security Zones; New York
Thus, the rules in proposed §§ 1.956– number to which each comment
Marine Inspection and Captain of the
1(b)(4) and 1.956–3(b)(2)(ii) provided in applies, and provide a reason for each
Port Zone
the 1988 NPRM are withdrawn. As suggestion or recommendation.
described in the preamble to the final AGENCY: Coast Guard, DHS. We encourage you to submit
regulations published in the Rules and ACTION:Advance notice of proposed comments through the Federal
Regulations section of this issue of the rulemaking. eRulemaking Portal at http://
Federal Register, the remainder of the www.regulations.gov. If your material
rules in § 1.956–3 proposed in the 1988 SUMMARY: The Coast Guard is requesting cannot be submitted using http://
NPRM also are included in the final public comments from any and all www.regulations.gov, contact the person
regulations, with minor modifications. waterway users regarding the permanent in the FOR FURTHER INFORMATION
Additionally, on December 30, 2009, security zone that encompasses all CONTACT section of this document for
the Treasury Department and the IRS waters within 150 yards of the bridge alternate instructions.
published in the Federal Register connecting Liberty State Park and Ellis We accept anonymous comments. All
proposed regulations (74 FR 69043), Island. The Coast Guard is considering comments received will be posted
which contain in proposed § 1.304–4 restoring navigational access to the without change to http://
special rules regarding the use of related waterway between Ellis Island and www.regulations.gov and will include
corporations to avoid the application of Liberty State Park by modifying the any personal information you have
mstockstill on DSK3G9T082PROD with PROPOSALS
section 304 that supplant the rules set security zone around the Ellis Island provided. For more about privacy and
forth in the 1988 NPRM. On December Bridge. The purpose removal of the the docket, you may review a Privacy
26, 2012, final regulations including security zone would be to increase Act notice regarding the Federal Docket
§ 1.304–4 as proposed in 2009 were navigational safety in New York Harbor Management System in the March 24,
published in the Federal Register (TD by allowing vessels to transit under the 2005, issue of the Federal Register (70
9606, 77 FR 75844). Accordingly, the Ellis Island Bridge, rather than being FR 15086).
rule in the 1988 NPRM that addresses required to transit the Anchorage Documents mentioned in this ANPRM
section 304 is withdrawn. Channel. as being available in the docket, and all
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![76546 Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Proposed Rules
public comments, will be in our online and Liberty State Park by removing the 4. What types and sizes of vessels
docket at http://www.regulations.gov security zone around the Ellis Island should be allowed to transit under the
and can be viewed by following that Bridge. The purpose of this ANPRM is Ellis Island bridge?
Web site’s instructions. Additionally, if to solicit comments on potential 5. Are there tide, weather, or other
you go to the online docket and sign up proposed rulemakings to modify the variables that preclude vessels from
for email alerts, you will be notified existing security zone around the Ellis transiting under the bridge?
when comments are posted and if we Island Bridge.
publish rulemaking documents related 6. What are the pros of modifying the
to this ANPRM. D. Discussion of Possible Proposed Rule security zone?
The existing security zone 7. What are the cons of modifying the
B. Regulatory History and Information security zone?
surrounding the Ellis Island Bridge
On November 27, 2002, the Coast prohibits all vessels from transiting 8. What are the risks to the bridge of
Guard published a notice of proposed underneath the Ellis Island Bridge and resuming vessel traffic underneath?
rulemaking (NPRM) entitled, ‘‘Safety the protected waters between Ellis
and Security Zones; New York Marine 9. What are the risks to commercial
Island and Liberty State Park. All and recreational vessel traffic by
Inspection and Captain of the Port vessels must transit in the Anchorage
Zone’’ in the Federal Register (67 FR requiring small recreational motor, and
Channel to the east of Ellis Island, human powered, vessels to continue
70892). The NPRM proposed to where larger commercial vessel traffic is
establish a permanent safety and transiting through the Anchorage
prevalent. Small passenger vessels that Channel near Ellis Island?
security zone encompassing all waters transit to Ellis Island also use this
within 150 yards of Liberty Island, Ellis channel. Due to congestion of the 10. Should the U.S. Park Service
Island, and the bridge between Liberty waterway as a result of this traffic, the screen vessels that transit underneath
State Park and Ellis Island. We received Coast Guard is considering a the bridge?
no comments on the proposed rule. No modification of the existing Ellis Island 11. Are there other bridges in the
public hearing was requested and none Bridge security zone. Modifying or COTP Area that should not be available
was held. The current 150-yard eliminating this zone would provide for recreational vessels to transit
permanent security zone around the smaller vessels the opportunity to underneath?
Ellis Island Bridge became effective on transit underneath the bridge instead of
January 1, 2003 as enacted by a final 12. Should alternative security
within the Anchorage Channel, measures be established for access
rule entitled, ‘‘Safety and Security therefore, decreasing channel
Zones; New York Marine Inspection control to the Ellis Island Bridge, as per
congestion and increasing navigational 33 CFR 105.255?
Zone and Captain of the Port Zone’’ safety in the harbor. The existing 25
published in the Federal Register (68 13. Should alternative security
yard security zone surrounding any
FR 2886, January 22, 2003). On May 6, measures be established for restricted
bridge pier or abutment would still
2008 the Coast Guard published a notice areas, such as the Ellis Island Bridge, as
apply to this bridge as per 33 CFR
of proposed rulemaking (NPRM) per 33 CFR 105.260?
165.169(a)(5).
entitled, ‘‘Safety and Security Zones; 14. Should additional security
New York Marine Inspection Zone and E. Information Requested measures be established for monitoring
Captain of the Port’’ in the Federal the Ellis Island Bridge as per 33 CFR
Public participation is requested to
Register (73 FR 24889). The NPRM 105.275?
assist in determining the best way
proposed to modify several aspects of
forward with respect to modifying the 15. Should there be different levels of
the permanent safety and security zone
existing security zone surrounding the vessel transit restrictions underneath
regulations within the New York
Ellis Island Bridge. To aid us in the bridge based on the current
Captain of the Port Zone. We received
developing a possible proposed rule, we MARSEC Level? MARSEC Level means
15 comments regarding the proposed
seek any comments, whether positive or the level set to reflect the prevailing
rule. A public meeting was requested to
negative, including but not limited to, threat environment to the marine
discuss the proposed expansion of the
the impacts that the existing security elements of the national transportation
Liberty and Ellis Island security zones
zone surrounding the Ellis Island Bridge system, including ports, vessels,
to include all waters within 400 yards
has on navigational safety. facilities, and critical assets and
of these two islands instead of the
We are also seeking comments on the infrastructure located on or adjacent to
existing security zone within a 150 yard
current vessel traffic and the types of waters subject to the jurisdiction of the
radius of Liberty and Ellis Islands.
vessels that transit in this area. To aid U.S. (33 CFR 101.105 and 33 CFR
Based on the comments received, the
us in developing a proposed rule, we 105.230).
Coast Guard withdrew the proposed
seek your responses to the following 16. What restrictions would you
change to the Liberty and Ellis Island
questions. recommend be established for vessel
security zones and therefore a public
meeting was no longer needed. 1. Should the existing security zone transits underneath the bridge during
surrounding the bridge only be enforced MARSEC Level 1, 2, or 3?
C. Basis and Purpose between sunset and sunrise or during
Please submit comments or concerns
The legal basis and authority for this daylight hours as well? Why?
you may have in accordance with the
ANPRM is 33 U.S.C. 1231; 50 U.S.C. 2. Should there be any security zone
mstockstill on DSK3G9T082PROD with PROPOSALS
‘‘Public Participation and Request for
191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and or vessel operating restrictions enforced
Comments’’ section above.
160.5; and Department of Homeland surrounding the Ellis Island Bridge?
Security Delegation No. 0170.1. 3. Should the Ellis Island Bridge only Dated: October 17, 2016.
On April 18, 2016, the Coast Guard have a designated 25-yard security zone M.H. Day,
received a request from the New York surrounding its piers as currently Captain, U.S. Coast Guard, Captain of the
City Water Trail Association (NYCWTA) applies to all other bridges south of the Port New York.
to consider restoring navigational access Troy Lock on the Hudson River (33 CFR [FR Doc. 2016–26599 Filed 11–2–16; 8:45 am]
to the waterway between Ellis Island 165.169(a)(5))? BILLING CODE 9110–04–P
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Document Created: 2016-11-03 03:24:18
Document Modified: 2016-11-03 03:24:18
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Advance notice of proposed rulemaking. | |
| Dates | Comments and related material must be received by the Coast Guard on or before January 3, 2017. | |
| Contact | If you have questions on this rule, call or email MST1 Kristina Pundt, Waterways Management, U.S. Coast Guard; telephone (718) 354-4352, email [email protected] | |
| FR Citation | 81 FR 76545 | |
| RIN Number | 1625-AA87 |
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