83_FR_17590 83 FR 17513 - Safety and Security Zones; New York Marine Inspection and Captain of the Port Zone

83 FR 17513 - Safety and Security Zones; New York Marine Inspection and Captain of the Port Zone

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 77 (April 20, 2018)

Page Range17513-17516
FR Document2018-08323

The Coast Guard proposes to modify the security zone surrounding the bridge between Liberty State Park and Ellis Island in order to increase navigational safety in New York Harbor. This security zone modification would allow certain vessels to transit underneath the bridge, reducing congestion in the adjacent Anchorage Channel. We invite your comments on this proposed rulemaking.

Federal Register, Volume 83 Issue 77 (Friday, April 20, 2018)
[Federal Register Volume 83, Number 77 (Friday, April 20, 2018)]
[Proposed Rules]
[Pages 17513-17516]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08323]


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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: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to modify the security zone 
surrounding the bridge between Liberty State Park and Ellis Island in 
order to increase navigational safety in New York Harbor. This security 
zone modification would allow certain vessels to transit underneath the 
bridge, reducing congestion in the adjacent Anchorage Channel. We 
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 21, 2018.

[[Page 17514]]


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 about this 
proposed rulemaking, call or email MST1 Kristina Pundt, Waterways 
Management at U.S. Coast Guard Sector New York, telephone 718-354-4352, 
email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
ANPRM Advance notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

II. Background, Purpose, and Legal Basis

    On November 27, 2002, the Coast Guard published a 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 
bridge between Liberty State Park and Ellis Island became effective in 
January 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 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 zone to include all waters within 400 yards of these two 
islands and the bridge between Liberty State Park and Ellis Island. On 
February 12, 2009, the Coast Guard published a final rule entitled, 
``Safety and Security Zones New York Marine Inspection Zone and Captain 
of the Port Zone'' in the Federal Register (74 FR 7184). However, based 
on the comments received, the Coast Guard did not expand the Liberty 
and Ellis Island security zone. As a result, a public meeting was 
unnecessary and the security zone remained 150 yards.
    On November 3, 2016, the Coast Guard published an ANPRM entitled, 
``Safety and Security Zones; New York Marine Inspection and Captain of 
the Port Zone'' in the Federal Register (81 FR 76545). The ANPRM 
solicited public comments on a potential rulemaking to modify the 
existing security zone around the bridge between Liberty State Park and 
Ellis Island. We received 125 comments regarding the advance notice of 
proposed rulemaking. Out of the 125 comments received, 123 comments 
were in support of modifying the existing security zone around the 
bridge between Liberty State Park and Ellis Island, almost all of which 
emphasized improving navigation safety. The opposed comment, provided 
by the National Park Service, expressed security concerns regarding 
Ellis and Liberty Islands due to their historical symbolism. The 
singular neutral comment received was unclear as to the commenter's 
view on the proposed security zone modification. The comment addressed 
the federal job hiring process and stated that all security zones 
should be eliminated, both of which are outside the purview of this 
rulemaking.
    The purpose of this rulemaking is to modify the existing security 
zone to allow certain vessels to transit underneath the bridge between 
Liberty State Park and Ellis Island. This security zone modification 
will increase the navigational safety within New York Harbor by 
reducing congestion in the adjacent Anchorage Channel. The Coast Guard 
proposes this rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to modify the existing security zone around 
Liberty Island and Ellis Island and the bridge between Ellis Island and 
Liberty State Park. This does not relinquish the COTP authority to 
enforce the full 150 yard security zone around the bridge. Rather, the 
modification would allow certain vessels to transit underneath the 
Ellis Island Bridge on weekends and Federally Observed Holidays, 
beginning on Memorial Day Weekend through October 1, between one hour 
after sunrise and one hour before sunset. Vessels making this transit 
(a) must be able to safely navigate underneath the bridge, (b) be human 
powered watercraft and (c) meet the horizontal and vertical 
navigational bridge clearances. The proposed regulatory text appears at 
the end of this document.

IV. Regulatory Analyses

    The Coast Guard developed this proposed rule after considering 
numerous statutes and Executive Orders related to rulemaking. Below is 
a summary of our analyses based on a number of these statutes and 
Executive Orders and we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the proposed 
modification and will allow greater access to a previously restricted 
area. Prior to the establishment of the security zone in 2003, small 
watercraft routinely transited underneath the Ellis Island Bridge. 
Since the enactment of the 2003 security zone, these craft have been 
diverted into the busy navigation channel east of Ellis Island. 
Although the current regulation allows vessels to transit under the 
Ellis Island Bridge with COTP permission, this modification grants 
standing COTP approval for certain vessels to transit underneath the 
bridge during specific time periods. Thus, this modification would 
lessen the regulatory burden on these vessels by allowing transit 
through the security zone without needing to seek prior COTP 
permission. Moreover, the Coast Guard would make the boating public 
aware of this modification through publication in the Local Notice to 
Mariners.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider

[[Page 17515]]

the potential impact of regulations on small entities during 
rulemaking. 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 proposed rule would not have a significant 
economic impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
security zone may be small entities, for the reasons stated in section 
IV.A. above this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

E. 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 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves the 
modification of a security zone surrounding the bridge between Liberty 
State Park and Ellis Island. Normally such actions are categorically 
excluded from further review under paragraph L60(b) of Appendix A, 
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A preliminary 
Record of Environmental Consideration supporting this determination is 
available in the docket where indicated under ADDRESSES. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

V. 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 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, 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, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS.

0
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, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1

0
2. In Sec.  165.169, revise paragraph (a)(4) to read as follows:

[[Page 17516]]

Sec.  165.169  Safety and Security Zones: New York Marine Inspection 
Zone and Captain of the Port Zone.

    (a) * * *
    (4) Liberty and Ellis Islands. (i) Location. All waters within 150 
yards of Liberty Island and Ellis Island, and the Ellis Island Bridge.
    (ii) Ellis Island Bridge. Vessels may transit underneath the Ellis 
Island Bridge, subject to the following conditions:
    (A) Dates/Times: On weekends only, to include Federally Observed 
Holidays on a Friday or Monday, from Memorial Day Weekend through 
October 1 each year, between one hour after sunrise and one hour before 
sunset.
    (B) Vessel types: Human powered vessels with a maximum length of 
sixteen feet. Human powered vessels must be able to safely navigate 
under the bridge.
    (C) Notification: Human powered vessels desiring to transit shall 
contact the United States Park Police Command Center at 212-363-3260 
regarding intentions of passage prior to entering the security zone and 
transiting under the Ellis Island Bridge.
    (D) Route: Transits through the security zone and under the bridge 
shall occur only at the designated route marked with lights and 
signage.
    (E) Passage: Vessels transiting under the Ellis Island Bridge shall 
make expeditious passage and not stop or loiter within the security 
zone.
    (iii) Enforcement period. The security zone described in this 
subsection is effective at all times. Although certain vessels have 
permission to enter the security zone to transit under the Ellis Island 
Bridge subject to the conditions outlined in the preceding paragraphs 
(ii)(A)-(E), the security zone is in effect permanently and can be 
enforced at any time. When deemed necessary the COTP may rescind the 
permission granted in the preceding paragraphs (ii)(A)-(E) for any 
period of time.
* * * * *

    Dated: April 2, 2018.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2018-08323 Filed 4-19-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                            Federal Register / Vol. 83, No. 77 / Friday, April 20, 2018 / Proposed Rules                                                 17513

                                                  comments a self-addressed, stamped                      NDB extending from the 6.4-mile radius                   Authority: 49 U.S.C. 106(f), 106(g); 40103,
                                                  postcard on which the following                         to 7.0 miles west of the NDB. The                      40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
                                                  statement is made: ‘‘Comments to                        geographic coordinates of the airport                  1959–1963 Comp., p. 389.
                                                  Docket No. FAA–2018–0290; Airspace                      would also be updated to coincide with                 § 71.1       [Amended]
                                                  Docket No. 18–AGL–9.’’ The postcard                     the FAA’s aeronautical database.
                                                                                                                                                                 ■ 2. The incorporation by reference in
                                                  will be date/time stamped and returned                     This action is necessary due to an                  14 CFR 71.1 of FAA Order 7400.11B,
                                                  to the commenter.                                       airspace review caused by the
                                                     All communications received before                                                                          Airspace Designations and Reporting
                                                                                                          decommissioning of the Richmond VOR                    Points, dated August 3, 2017, and
                                                  the specified closing date for comments                 as part of the VOR MON Program.
                                                  will be considered before taking action                                                                        effective September 15, 2017, is
                                                                                                             Class E airspace designations are                   amended as follows:
                                                  on the proposed rule. The proposal                      published in paragraph 6005 of FAA
                                                  contained in this notice may be changed                 Order 7400.11B, dated August 3, 2017,                  Paragraph 6005 Class E Airspace Areas
                                                  in light of the comments received. A                    and effective September 15, 2017, which                Extending Upward From 700 Feet or More
                                                  report summarizing each substantive                     is incorporated by reference in 14 CFR                 Above the Surface of the Earth.
                                                  public contact with FAA personnel                       71.1. The Class E airspace designation                 *        *      *    *    *
                                                  concerned with this rulemaking will be                  listed in this document will be
                                                  filed in the docket.                                                                                           AGL IN E5 New Castle, IN [Amended]
                                                                                                          published subsequently in the Order.                   New Castle-Henry County Municipal Airport,
                                                  Availability of NPRMs                                   Regulatory Notices and Analyses                             IN
                                                    An electronic copy of this document                                                                            (Lat. 39°52′36″ N, long. 85°19′31″ W)
                                                  may be downloaded through the                              The FAA has determined that this                    New Castle NDB
                                                  internet at http://www.regulations.gov.                 regulation only involves an established                  (Lat. 39°52′48″ N, long. 85°19′08″ W)
                                                  Recently published rulemaking                           body of technical regulations for which                  That airspace extending upward from 700
                                                  documents can also be accessed through                  frequent and routine amendments are                    feet above the surface within a 6.4-mile
                                                                                                          necessary to keep them operationally                   radius of New Castle-Henry County
                                                  the FAA’s web page at http://                                                                                  Municipal Airport, and within 2.5 miles each
                                                  www.faa.gov/air_traffic/publications/                   current, is non-controversial and
                                                                                                          unlikely to result in adverse or negative              side of the 267° bearing from the New Castle
                                                  airspace_amendments/.                                                                                          NDB extending from the 6.4-mile radius to
                                                    You may review the public docket                      comments. It, therefore: (1) Is not a
                                                                                                                                                                 7.0 miles west of the New Castle NDB.
                                                  containing the proposal, any comments                   ‘‘significant regulatory action’’ under
                                                                                                          Executive Order 12866; (2) is not a                      Issued in Fort Worth, Texas, on April 11,
                                                  received, and any final disposition in                                                                         2018.
                                                  person in the Dockets Office (see the                   ‘‘significant rule’’ under DOT
                                                                                                          Regulatory Policies and Procedures (44                 Christopher L. Southerland,
                                                  ADDRESSES section for the address and
                                                  phone number) between 9:00 a.m. and                     FR 11034; February 26, 1979); and (3)                  Acting Manager, Operations Support Group,
                                                                                                          does not warrant preparation of a                      ATO Central Service Center.
                                                  5:00 p.m., Monday through Friday,
                                                  except federal holidays. An informal                    regulatory evaluation as the anticipated               [FR Doc. 2018–08034 Filed 4–19–18; 8:45 am]
                                                  docket may also be examined during                      impact is so minimal. Since this is a                  BILLING CODE 4910–13–P

                                                  normal business hours at the Federal                    routine matter that will only affect air
                                                  Aviation Administration, Air Traffic                    traffic procedures and air navigation, it
                                                  Organization, Central Service Center,                   is certified that this rule, when                      DEPARTMENT OF HOMELAND
                                                  Operations Support Group, 10101                         promulgated, will not have a significant               SECURITY
                                                  Hillwood Parkway, Fort Worth, TX                        economic impact on a substantial
                                                  76177.                                                  number of small entities under the                     Coast Guard
                                                                                                          criteria of the Regulatory Flexibility Act.
                                                  Availability and Summary of                                                                                    33 CFR Part 165
                                                  Documents for Incorporation by                          Environmental Review
                                                  Reference                                                  This proposal will be subject to an                 [Docket Number USCG–2016–0799]
                                                    This document proposes to amend                       environmental analysis in accordance                   RIN 1625–AA87
                                                  FAA Order 7400.11B, Airspace                            with FAA Order 1050.1F,
                                                  Designations and Reporting Points,                      ‘‘Environmental Impacts: Policies and                  Safety and Security Zones; New York
                                                  dated August 3, 2017, and effective                     Procedures’’ prior to any FAA final                    Marine Inspection and Captain of the
                                                  September 15, 2017. FAA Order                           regulatory action.                                     Port Zone
                                                  7400.11B is publicly available as listed
                                                                                                          List of Subjects in 14 CFR Part 71                     AGENCY:      Coast Guard, DHS.
                                                  in the ADDRESSES section of this
                                                  document. FAA Order 7400.11B lists                       Airspace, Incorporation by reference,                 ACTION:      Notice of proposed rulemaking.
                                                  Class A, B, C, D, and E airspace areas,                 Navigation (air).
                                                  air traffic service routes, and reporting                                                                      SUMMARY:   The Coast Guard proposes to
                                                                                                          The Proposed Amendment                                 modify the security zone surrounding
                                                  points.
                                                                                                                                                                 the bridge between Liberty State Park
                                                  The Proposal                                              Accordingly, pursuant to the
                                                                                                                                                                 and Ellis Island in order to increase
                                                                                                          authority delegated to me, the Federal
                                                    The FAA is proposing an amendment                                                                            navigational safety in New York Harbor.
                                                                                                          Aviation Administration proposes to
                                                  to Title 14, Code of Federal Regulations                                                                       This security zone modification would
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                                                                          amend 14 CFR part 71 as follows:
                                                  (14 CFR) part 71 by amending the Class                                                                         allow certain vessels to transit
                                                  E airspace extending upward from 700                    PART 71—DESIGNATION OF CLASS A,                        underneath the bridge, reducing
                                                  feet above the surface to within a 6.4-                 B, C, D, AND E AIRSPACE AREAS; AIR                     congestion in the adjacent Anchorage
                                                  mile radius (decreased from a 7-mile                    TRAFFIC SERVICE ROUTES; AND                            Channel. We invite your comments on
                                                  radius) at New Castle-Henry County                      REPORTING POINTS                                       this proposed rulemaking.
                                                  Municipal Airport, New Castle, IN, and                                                                         DATES: Comments and related material
                                                  adding an extension 2.5 miles each side                 ■ 1. The authority citation for 14 CFR                 must be received by the Coast Guard on
                                                  of the 267° bearing from the New Castle                 part 71 continues to read as follows:                  or before May 21, 2018.


                                             VerDate Sep<11>2014   16:41 Apr 19, 2018   Jkt 244001   PO 00000   Frm 00013   Fmt 4702   Sfmt 4702   E:\FR\FM\20APP1.SGM    20APP1


                                                  17514                     Federal Register / Vol. 83, No. 77 / Friday, April 20, 2018 / Proposed Rules

                                                  ADDRESSES:   You may submit comments                    and the bridge between Liberty State                   October 1, between one hour after
                                                  identified by docket number USCG–                       Park and Ellis Island. On February 12,                 sunrise and one hour before sunset.
                                                  2016–0799 using the Federal                             2009, the Coast Guard published a final                Vessels making this transit (a) must be
                                                  eRulemaking Portal at http://                           rule entitled, ‘‘Safety and Security                   able to safely navigate underneath the
                                                  www.regulations.gov. See the ‘‘Public                   Zones New York Marine Inspection                       bridge, (b) be human powered watercraft
                                                  Participation and Request for                           Zone and Captain of the Port Zone’’ in                 and (c) meet the horizontal and vertical
                                                  Comments’’ portion of the                               the Federal Register (74 FR 7184).                     navigational bridge clearances. The
                                                  SUPPLEMENTARY INFORMATION section for                   However, based on the comments                         proposed regulatory text appears at the
                                                  further instructions on submitting                      received, the Coast Guard did not                      end of this document.
                                                  comments.                                               expand the Liberty and Ellis Island
                                                                                                                                                                 IV. Regulatory Analyses
                                                  FOR FURTHER INFORMATION CONTACT: If                     security zone. As a result, a public
                                                                                                          meeting was unnecessary and the                          The Coast Guard developed this
                                                  you have questions about this proposed
                                                                                                          security zone remained 150 yards.                      proposed rule after considering
                                                  rulemaking, call or email MST1 Kristina
                                                                                                             On November 3, 2016, the Coast                      numerous statutes and Executive Orders
                                                  Pundt, Waterways Management at U.S.
                                                                                                          Guard published an ANPRM entitled,                     related to rulemaking. Below is a
                                                  Coast Guard Sector New York,
                                                                                                          ‘‘Safety and Security Zones; New York                  summary of our analyses based on a
                                                  telephone 718–354–4352, email
                                                                                                          Marine Inspection and Captain of the                   number of these statutes and Executive
                                                  Kristina.H.Pundt@uscg.mil.
                                                                                                          Port Zone’’ in the Federal Register (81                Orders and we discuss First
                                                  SUPPLEMENTARY INFORMATION:
                                                                                                          FR 76545). The ANPRM solicited public                  Amendment rights of protestors.
                                                  I. Table of Abbreviations                               comments on a potential rulemaking to                  A. Regulatory Planning and Review
                                                                                                          modify the existing security zone
                                                  CFR Code of Federal Regulations                         around the bridge between Liberty State                   Executive Orders 12866 and 13563
                                                  DHS Department of Homeland Security                     Park and Ellis Island. We received 125                 direct agencies to assess the costs and
                                                  FR Federal Register                                     comments regarding the advance notice                  benefits of available regulatory
                                                  NPRM Notice of proposed rulemaking                                                                             alternatives and, if regulation is
                                                  ANPRM Advance notice of proposed                        of proposed rulemaking. Out of the 125
                                                                                                          comments received, 123 comments were                   necessary, to select regulatory
                                                    rulemaking
                                                  § Section                                               in support of modifying the existing                   approaches that maximize net benefits.
                                                  U.S.C. United States Code                               security zone around the bridge between                Executive Order 13771 directs agencies
                                                  COTP Captain of the Port                                Liberty State Park and Ellis Island,                   to control regulatory costs through a
                                                                                                          almost all of which emphasized                         budgeting process. This NPRM has not
                                                  II. Background, Purpose, and Legal                                                                             been designated a ‘‘significant
                                                  Basis                                                   improving navigation safety. The
                                                                                                          opposed comment, provided by the                       regulatory action,’’ under Executive
                                                     On November 27, 2002, the Coast                      National Park Service, expressed                       Order 12866. Accordingly, the NPRM
                                                  Guard published a NPRM entitled,                        security concerns regarding Ellis and                  has not been reviewed by the Office of
                                                  ‘‘Safety and Security Zones; New York                   Liberty Islands due to their historical                Management and Budget (OMB), and
                                                  Marine Inspection and Captain of the                    symbolism. The singular neutral                        pursuant to OMB guidance it is exempt
                                                  Port Zone’’ in the Federal Register (67                 comment received was unclear as to the                 from the requirements of Executive
                                                  FR 70892). The NPRM proposed to                         commenter’s view on the proposed                       Order 13771.
                                                  establish a permanent safety and                        security zone modification. The                           This regulatory action determination
                                                  security zone encompassing all waters                   comment addressed the federal job                      is based on the proposed modification
                                                  within 150 yards of Liberty Island, Ellis               hiring process and stated that all                     and will allow greater access to a
                                                  Island, and the bridge between Liberty                  security zones should be eliminated,                   previously restricted area. Prior to the
                                                  State Park and Ellis Island. We received                both of which are outside the purview                  establishment of the security zone in
                                                  no comments on the proposed rule. No                    of this rulemaking.                                    2003, small watercraft routinely
                                                  public hearing was requested and none                      The purpose of this rulemaking is to                transited underneath the Ellis Island
                                                  was held. The current 150-yard                          modify the existing security zone to                   Bridge. Since the enactment of the 2003
                                                  permanent security zone around the                      allow certain vessels to transit                       security zone, these craft have been
                                                  bridge between Liberty State Park and                   underneath the bridge between Liberty                  diverted into the busy navigation
                                                  Ellis Island became effective in January                State Park and Ellis Island. This security             channel east of Ellis Island. Although
                                                  2003 as enacted by a final rule entitled,               zone modification will increase the                    the current regulation allows vessels to
                                                  ‘‘Safety and Security Zones; New York                   navigational safety within New York                    transit under the Ellis Island Bridge
                                                  Marine Inspection Zone and Captain of                   Harbor by reducing congestion in the                   with COTP permission, this
                                                  the Port Zone’’ published in the Federal                adjacent Anchorage Channel. The Coast                  modification grants standing COTP
                                                  Register (68 FR 2886, January 22, 2003).                Guard proposes this rulemaking under                   approval for certain vessels to transit
                                                     On May 6, 2008, the Coast Guard                      authority in 33 U.S.C. 1231.                           underneath the bridge during specific
                                                  published a NPRM entitled, ‘‘Safety and                                                                        time periods. Thus, this modification
                                                  Security Zones; New York Marine                         III. Discussion of Proposed Rule
                                                                                                                                                                 would lessen the regulatory burden on
                                                  Inspection Zone and Captain of the                         The COTP proposes to modify the                     these vessels by allowing transit through
                                                  Port’’ in the Federal Register (73 FR                   existing security zone around Liberty                  the security zone without needing to
                                                  24889). The NPRM proposed to modify                     Island and Ellis Island and the bridge                 seek prior COTP permission. Moreover,
                                                  several aspects of the permanent safety                 between Ellis Island and Liberty State
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                                                                                                                                                                 the Coast Guard would make the boating
                                                  and security zone regulations within the                Park. This does not relinquish the COTP                public aware of this modification
                                                  New York Captain of the Port Zone. We                   authority to enforce the full 150 yard                 through publication in the Local Notice
                                                  received 15 comments regarding the                      security zone around the bridge. Rather,               to Mariners.
                                                  proposed rule. A public meeting was                     the modification would allow certain
                                                  requested to discuss the proposed                       vessels to transit underneath the Ellis                B. Impact on Small Entities
                                                  expansion of the Liberty and Ellis Island               Island Bridge on weekends and                            The Regulatory Flexibility Act of
                                                  security zone to include all waters                     Federally Observed Holidays, beginning                 1980, 5 U.S.C. 601–612, as amended,
                                                  within 400 yards of these two islands                   on Memorial Day Weekend through                        requires Federal agencies to consider


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                                                                            Federal Register / Vol. 83, No. 77 / Friday, April 20, 2018 / Proposed Rules                                            17515

                                                  the potential impact of regulations on                  Order 13175, Consultation and                          message can be received without
                                                  small entities during rulemaking. The                   Coordination with Indian Tribal                        jeopardizing the safety or security of
                                                  term ‘‘small entities’’ comprises small                 Governments, because it would not have                 people, places, or vessels.
                                                  businesses, not-for-profit organizations                a substantial direct effect on one or
                                                                                                                                                                 V. Public Participation and Request for
                                                  that are independently owned and                        more Indian tribes, on the relationship
                                                                                                          between the Federal Government and                     Comments
                                                  operated and are not dominant in their
                                                  fields, and governmental jurisdictions                  Indian tribes, or on the distribution of                  We view public participation as
                                                  with populations of less than 50,000.                   power and responsibilities between the                 essential to effective rulemaking, and
                                                  The Coast Guard certifies under 5 U.S.C.                Federal Government and Indian tribes.                  will consider all comments and material
                                                  605(b) that this proposed rule would not                If you believe this proposed rule has                  received during the comment period.
                                                  have a significant economic impact on                   implications for federalism or Indian                  Your comment can help shape the
                                                  a substantial number of small entities.                 tribes, please contact the person listed               outcome of this rulemaking. If you
                                                     While some owners or operators of                    in the FOR FURTHER INFORMATION                         submit a comment, please include the
                                                  vessels intending to transit the security               CONTACT section.                                       docket number for this rulemaking,
                                                  zone may be small entities, for the                                                                            indicate the specific section of this
                                                                                                          E. Unfunded Mandates Reform Act
                                                  reasons stated in section IV.A. above                                                                          document to which each comment
                                                  this proposed rule would not have a                        The Unfunded Mandates Reform Act                    applies, and provide a reason for each
                                                  significant economic impact on any                      of 1995 (2 U.S.C. 1531–1538) requires                  suggestion or recommendation.
                                                  vessel owner or operator.                               Federal agencies to assess the effects of
                                                                                                          their discretionary regulatory actions. In                We encourage you to submit
                                                     If you think that your business,                                                                            comments through the Federal
                                                  organization, or governmental                           particular, the Act addresses actions
                                                                                                          that may result in the expenditure by a                eRulemaking Portal at http://
                                                  jurisdiction qualifies as a small entity                                                                       www.regulations.gov. If your material
                                                  and that this rule would have a                         State, local, or tribal government, in the
                                                                                                          aggregate, or by the private sector of                 cannot be submitted using http://
                                                  significant economic impact on it,                                                                             www.regulations.gov, contact the person
                                                  please submit a comment (see                            $100,000,000 (adjusted for inflation) or
                                                                                                          more in any one year. Though this                      in the FOR FURTHER INFORMATION
                                                  ADDRESSES) explaining why you think it
                                                                                                                                                                 CONTACT section of this document for
                                                  qualifies and how and to what degree                    proposed rule would not result in such
                                                                                                          an expenditure, we do discuss the                      alternate instructions.
                                                  this rule would economically affect it.
                                                     Under section 213(a) of the Small                    effects of this rule elsewhere in this                    We accept anonymous comments. All
                                                  Business Regulatory Enforcement                         preamble.                                              comments received will be posted
                                                  Fairness Act of 1996 (Pub. L. 104–121),                                                                        without change to http://
                                                                                                          F. Environment                                         www.regulations.gov and will include
                                                  we want to assist small entities in
                                                  understanding this proposed rule. If the                  We have analyzed this proposed rule                  any personal information you have
                                                  rule would affect your small business,                  under Department of Homeland                           provided. For more about privacy and
                                                  organization, or governmental                           Security Management Directive 023–01                   the docket, visit http://
                                                  jurisdiction and you have questions                     and Commandant Instruction                             www.regulations.gov/privacyNotice.
                                                  concerning its provisions or options for                M16475.lD, which guide the Coast                          Documents mentioned in this NPRM
                                                  compliance, please contact the person                   Guard in complying with the National                   as being available in the docket, and all
                                                  listed in the FOR FURTHER INFORMATION                   Environmental Policy Act of 1969 (42                   public comments, will be in our online
                                                  CONTACT section. The Coast Guard will                   U.S.C. 4321–4370f), and have made a                    docket at http://www.regulations.gov
                                                  not retaliate against small entities that               preliminary determination that this                    and can be viewed by following that
                                                  question or complain about this                         action is one of a category of actions that            website’s instructions. Additionally, if
                                                  proposed rule or any policy or action of                do not individually or cumulatively                    you go to the online docket and sign up
                                                  the Coast Guard.                                        have a significant effect on the human                 for email alerts, you will be notified
                                                                                                          environment. This proposed rule                        when comments are posted or a final
                                                  C. Collection of Information                            involves the modification of a security                rule is published.
                                                    This proposed rule would not call for                 zone surrounding the bridge between
                                                                                                          Liberty State Park and Ellis Island.                   List of Subjects in 33 CFR Part 165
                                                  a new collection of information under
                                                  the Paperwork Reduction Act of 1995                     Normally such actions are categorically                  Harbors, Marine safety, Navigation
                                                  (44 U.S.C. 3501–3520).                                  excluded from further review under                     (water), Reporting and recordkeeping
                                                                                                          paragraph L60(b) of Appendix A, Table                  requirements, Security measures,
                                                  D. Federalism and Indian Tribal                         1 of DHS Instruction Manual 023–01–
                                                  Governments                                                                                                    Waterways.
                                                                                                          001–01, Rev. 01. A preliminary Record
                                                     A rule has implications for federalism                                                                        For the reasons discussed in the
                                                                                                          of Environmental Consideration
                                                  under Executive Order 13132,                                                                                   preamble, the Coast Guard proposes to
                                                                                                          supporting this determination is
                                                  Federalism, if it has a substantial direct                                                                     amend 33 CFR part 165 as follows:
                                                                                                          available in the docket where indicated
                                                  effect on the States, on the relationship               under ADDRESSES. We seek any                           PART 165—REGULATED NAVIGATION
                                                  between the national government and                     comments or information that may lead                  AREAS AND LIMITED ACCESS
                                                  the States, or on the distribution of                   to the discovery of a significant                      AREAS.
                                                  power and responsibilities among the                    environmental impact from this
                                                  various levels of government. We have
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                                                                                                          proposed rule.                                         ■ 1. The authority citation for part 165
                                                  analyzed this proposed rule under that                                                                         continues to read as follows:
                                                  Order and have determined that it is                    G. Protest Activities
                                                  consistent with the fundamental                           The Coast Guard respects the First                     Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                                                                          Amendment rights of protesters.                        33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                  federalism principles and preemption
                                                                                                                                                                 Department of Homeland Security Delegation
                                                  requirements described in Executive                     Protesters are asked to contact the
                                                                                                                                                                 No. 0170.1
                                                  Order 13132.                                            person listed in the FOR FURTHER
                                                     Also, this proposed rule does not have               INFORMATION CONTACT section to                         ■ 2. In § 165.169, revise paragraph (a)(4)
                                                  tribal implications under Executive                     coordinate protest activities so that your             to read as follows:


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                                                  17516                     Federal Register / Vol. 83, No. 77 / Friday, April 20, 2018 / Proposed Rules

                                                  § 165.169 Safety and Security Zones: New                DEPARTMENT OF EDUCATION                                information that they wish to make
                                                  York Marine Inspection Zone and Captain of                                                                     publicly available.
                                                  the Port Zone.                                          34 CFR Chapter II                                      FOR FURTHER INFORMATION CONTACT:
                                                     (a) * * *                                            [Docket ID: ED–2018–OESE–0017; Catalog                 Jennifer Rodriguez. Telephone: (202)
                                                                                                          of Federal Domestic Assistance (CFDA)                  453–6670 or by email:
                                                     (4) Liberty and Ellis Islands.
                                                                                                          Number 84.144F]                                        Jennifer.Rodriguez@ed.gov.
                                                  (i) Location. All waters within 150 yards                                                                         If you use a telecommunications
                                                  of Liberty Island and Ellis Island, and                 Proposed Waiver—Migrant Education                      device for the deaf (TDD) or a text
                                                  the Ellis Island Bridge.                                Program Consortium Incentive Grant                     telephone (TTY), call the Federal Relay
                                                     (ii) Ellis Island Bridge. Vessels may                Program                                                Service (FRS), toll-free, at 1–800–877–
                                                  transit underneath the Ellis Island                     AGENCY:  Office of Elementary and                      8339.
                                                  Bridge, subject to the following                        Secondary Education, Department of                     SUPPLEMENTARY INFORMATION:
                                                  conditions:                                             Education.                                                Invitation to Comment: We invite you
                                                     (A) Dates/Times: On weekends only,                   ACTION: Proposed waiver and extension                  to submit comments regarding this
                                                  to include Federally Observed Holidays                  of the project period.                                 proposed waiver and extension of the
                                                  on a Friday or Monday, from Memorial                                                                           project period.
                                                  Day Weekend through October 1 each                      SUMMARY:   The Secretary proposes to                      During and after the comment period,
                                                                                                          waive the requirement in the Education                 you may inspect all public comments
                                                  year, between one hour after sunrise and
                                                                                                          Department General Administrative                      about this proposed waiver and
                                                  one hour before sunset.
                                                                                                          Regulations that generally prohibits                   extension by accessing Regulations.gov.
                                                     (B) Vessel types: Human powered                      project period extensions involving the                You may also inspect the comments in
                                                  vessels with a maximum length of                        obligation of additional Federal funds.                person in Room 3E323, 400 Maryland
                                                  sixteen feet. Human powered vessels                     The proposed waiver and extension of                   Avenue SW, Washington, DC, between
                                                  must be able to safely navigate under                   the project period would enable the 34                 the hours of 8:30 a.m. and 4:00 p.m.,
                                                  the bridge.                                             grantees under the Migrant Education                   Eastern Time, Monday through Friday
                                                     (C) Notification: Human powered                      Program (MEP) Consortium Incentive                     of each week, except Federal holidays.
                                                  vessels desiring to transit shall contact               Grant (CIG) Program that received                      Please contact the person listed under
                                                  the United States Park Police Command                   awards in the fiscal year (FY) 2015 grant              FOR FURTHER INFORMATION CONTACT.
                                                  Center at 212–363–3260 regarding                        competition to continue to receive                        Assistance to Individuals With
                                                                                                          Federal funding for up to 24 additional                Disabilities in Reviewing the
                                                  intentions of passage prior to entering
                                                                                                          months.                                                Rulemaking Record: On request, we will
                                                  the security zone and transiting under
                                                                                                          DATES: We must receive your comments                   provide an appropriate accommodation
                                                  the Ellis Island Bridge.
                                                                                                          on or before May 21, 2018.                             or auxiliary aid to an individual with a
                                                     (D) Route: Transits through the                      ADDRESSES: Submit your comments                        disability who needs assistance to
                                                  security zone and under the bridge shall                through the Federal eRulemaking Portal                 review the comments or other
                                                  occur only at the designated route                      or via postal mail, commercial delivery,               documents in the public rulemaking
                                                  marked with lights and signage.                         or hand delivery. We will not accept                   record for this proposed waiver and
                                                     (E) Passage: Vessels transiting under                comments submitted by fax or by email                  extension. If you want to schedule an
                                                  the Ellis Island Bridge shall make                      or those submitted after the comment                   appointment for this type of
                                                  expeditious passage and not stop or                     period. To ensure that we do not receive               accommodation or auxiliary aid, please
                                                  loiter within the security zone.                        duplicate copies, please submit your                   contact the person listed under FOR
                                                                                                          comments only once. In addition, please                FURTHER INFORMATION CONTACT.
                                                     (iii) Enforcement period. The security                                                                         Background: The MEP CIG program is
                                                                                                          include the Docket ID at the top of your
                                                  zone described in this subsection is                    comments.                                              authorized in section 1308(d) of the
                                                  effective at all times. Although certain                   • Federal eRulemaking Portal: Go to                 Elementary and Secondary Education
                                                  vessels have permission to enter the                    www.regulations.gov to submit your                     Act of 1965, as amended (ESEA) (20
                                                  security zone to transit under the Ellis                comments electronically. Information                   U.S.C. 6398(d)). Through the MEP CIG
                                                  Island Bridge subject to the conditions                 on using Regulations.gov, including                    program, the U.S. Department of
                                                  outlined in the preceding paragraphs                    instructions for accessing agency                      Education (Department) provides
                                                  (ii)(A)–(E), the security zone is in effect             documents, submitting comments, and                    financial incentives to State educational
                                                  permanently and can be enforced at any                  viewing the docket, is available on the                agencies (SEAs) to participate in high-
                                                  time. When deemed necessary the COTP                    site under ‘‘Are you new to the site?’’                quality consortia that improve the
                                                  may rescind the permission granted in                      • Postal Mail, Commercial Delivery,                 interstate or intrastate coordination of
                                                  the preceding paragraphs (ii)(A)–(E) for                or Hand Delivery: If you mail or deliver               migrant education programs by
                                                  any period of time.                                     your comments about this proposed                      addressing key needs of migratory
                                                  *       *      *    *    *                              waiver and extension of the project                    children who have their education
                                                                                                          period, address them to Jennifer                       interrupted.
                                                    Dated: April 2, 2018.                                 Rodriguez, U.S. Department of                             The Department published a notice of
                                                  M.H. Day,                                               Education, 400 Maryland Avenue SW,                     final requirements for the MEP CIG
                                                                                                          Room 3E323, Washington, DC 20202.                      program in the Federal Register on
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                                                  Captain, U.S. Coast Guard, Captain of the
                                                  Port New York.                                             Privacy Note: The Department’s                      March 3, 2004 (69 FR 10109) (2004
                                                  [FR Doc. 2018–08323 Filed 4–19–18; 8:45 am]             policy is to make all comments received                Notice), and we have used these final
                                                                                                          from members of the public available for               requirements for CIG program
                                                  BILLING CODE 9110–04–P
                                                                                                          public viewing in their entirety on the                competitions since FY 2004.
                                                                                                          Federal eRulemaking Portal at                             The 2004 Notice established a project
                                                                                                          www.regulations.gov. Therefore,                        period of up to two years for grants
                                                                                                          commenters should be careful to                        awarded under the MEP CIG program.
                                                                                                          include in their comments only                         We subsequently published a notice of


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Document Created: 2018-04-20 00:02:33
Document Modified: 2018-04-20 00:02:33
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before May 21, 2018.
ContactIf you have questions about this proposed rulemaking, call or email MST1 Kristina Pundt, Waterways Management at U.S. Coast Guard Sector New York, telephone 718-354-4352, email [email protected]
FR Citation83 FR 17513 
RIN Number1625-AA87
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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