[Federal Register Volume 63, Number 5 (Thursday, January 8, 1998)]
[Proposed Rules]
[Pages 1089-1091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-450]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-97-004]
RIN 2115-AA97
Security Zone: Dignitary Arrival/Departure Logan International
Airport, Boston, MA
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a permanent, four-sector
security zone on the waters around Logan International Airport, above
the Callahan Tunnel, Sumner Tunnel, Ted Williams Tunnel, and around any
designated vessel, to protect the President, Vice President and
visiting heads of foreign states or foreign governments during their
arrival, departure and transits to and from Logan International
Airport.
DATES: Comments must reach the Coast Guard on or before March 9, 1998.
ADDRESSES: Comments must be mailed to the U.S. Coast Guard Marine
Safety Office Boston, 455 Commercial Street, Boston, MA 02109, or may
be delivered to the Marine Safety Office between the hours of 7:30 a.m.
and 3:30 p.m., Monday through Friday, except federal holidays.
FOR FURTHER INFORMATION CONTACT:
LT Michael H. Day or MSTC Daniel J. Dugery, Coast Guard Marine Safety
Office Boston, MA; telephone (617) 223-3000.
SUPPLEMENTARY INFORMATION:
Requests for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their name and address,
identify this rulemaking (CGD01-97-004) and the specific section of
this proposal to which each comment applies, and give a reason for each
comment. Persons wanting acknowledgment of receipt of comments should
enclose a stamped, self-addressed postcard or envelope.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of the comments.
The Coast Guard plans no public hearing. Persons may request a public
hearing by writing to the Project Manager at the address under
ADDRESSES. If it determines that the opportunity for oral presentations
will aid this rulemaking, the Coast Guard will hold a public hearing at
a time and place announced by a later notice in the Federal Register.
Background and Purpose
Boston, Massachusetts is often visited by the President and Vice
President of the United States, as well as visiting heads of foreign
states or foreign governments on the average of 24 times per year.
Often these visits are on short notice. The President, Vice President,
and visiting heads of foreign states or foreign governments require
Secret Service protection. The President, Vice President, and visiting
heads of foreign states or foreign governments arrive at Logan
International Airport, then transit to locations throughout Boston by
car or boat. Due to the sensitive nature of these visits a security
zone is needed. Standard security procedures are enacted to ensure the
proper level of protection to prevent sabotage or other subversive
acts, accidents, or other activities of a similar nature. In the past,
temporary security zones were requested by the U.S. Secret Service with
limited notice for preparation by the U.S. Coast Guard. The proposed
regulation would establish a permanent four-sector security zone that
could be activated upon request of the U.S. Secret Service pursuant to
their authority under 18 U.S.C. 3056. The security zone sections will
be as follows:
Sector one will go into effect 15 minutes prior to the scheduled
landing or takeoff of the aircraft carrying either the President, Vice
President, or visiting heads of foreign states or foreign governments
at Logan International Airport. Sector one will preclude all vessels
from approaching within three hundred yards of the Logan International
Airport shoreline, bound on the west by a line drawn between positions
42 deg.22'45'' N, 071 deg.91'05'' W and 42 deg.21'48'' N,
071 deg.01'45'' W (NAD 1983).
Sector two will go into effect 15 minutes before the vehicle
carrying either the President, Vice President, or visiting heads of
foreign states or foreign governments enters the Callahan Tunnel or
Sumner Tunnel. Sector two will preclude all vessels from entering an
area of the main ship channel, Boston Inner Harbor, fifty yards in all
directions from a point directly above the Callahan Tunnel and the
Sumner Tunnel.
Sector three will go into effect 15 minutes before the vehicle
carrying either the President, Vice President, or visiting heads of
foreign states or foreign governments enters the Ted Williams Tunnel.
Sector three will preclude all vessels from entering an area of the
main ship channel, Boston Inner
[[Page 1090]]
Harbor, fifty yards in all directions from a point directly above the
Ted Williams Tunnel.
Sector four will go into effect 15 minutes before either the
President, Vice President, or visiting heads of foreign states or
foreign governments board the designated transport vessel. Sector four
will preclude all vessels from approaching within three hundred yards
in all directions from the designated vessel transporting the
dignitaries between Logan International Airport and any location in
Boston Harbor.
The activation of a particular sector of this security zone will be
announced via Safety Marine Information Broadcasts and by locally
issued notices.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has not been reviewed by the Office of Management and Budget under that
order. It is not significant under the regulatory policies and
procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
rule to be so minimal that a full Regulatory Evaluation is unnecessary.
The Coast Guard anticipates that this security zone will be activated
on an average of 24 times per year. Costs resulting from these
regulations, if any, will be minor and have no significant adverse
financial effect on vessel operators as the activation of any one of
the sectors of this security zone will be of less than two hours
duration. Deep draft vessel traffic, fishing vessels, and tour boats
may experience slight delays in departures or arrivals, however, the
delays are minimal relative to the highly significant national security
interest in protecting the President, Vice President, and visiting
heads of foreign states or foreign governments visiting Boston.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' may include (1) small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000.
For the reasons addressed under the Regulatory Evaluation above,
the Coast Guard finds that this rule will not have a significant impact
on a substantial number of small entities.
Collection of Information
This proposal contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612, and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impact of this
rule and concluded that, under section 2.B.2.e.(34)(g) of Commandant
Instruction M16475.1B (as revised by 59 FR 38654, July 29, 1994), this
rule is categorically excluded from further environmental
documentation. A Categorical Exclusion Determination and an
Environmental Analysis Checklist are included in the docket.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Proposed Regulation
For reasons set our in the preamble, the Coast Guard proposes to
amend 33 CFR Part 165 as follows:
PART 165--[AMENDED]
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.
2. Section 165.113, is added to read as follows:
Sec. 165.113 Security Zone: Dignitary Arrival/Departure Logan
International Airport, Boston, MA.
(a) Location. The permanent security zone consists of four sectors
that may be activated in part, or in whole, when the U.S. Secret
Service activates a Federal Protection Zone and requests a security
zone. These zones are for the protection of the President and Vice
President of the United States, as well as visiting heads of foreign
states or foreign governments arriving at, or departing from, Logan
International Airport and as determined by the transit route across
Boston Harbor. The security zone will be as follows:
(1) Sector one will go into effect 15 minutes prior to the
scheduled landing or takeoff of the aircraft carrying either the
President, Vice President, or visiting head of foreign states or
foreign governments at Logan International Airport. Sector one will
preclude all vessels from approaching within three hundred yards of the
Logan International Airport shoreline, bound on the west by a line
drawn between positions 42 deg.22'45'' N, 071 deg.01'05'' W and
42 deg.21'48'' N, 071 deg.01'45'' W (NAD 1983).
(2) Sector two will go into effect 15 minutes before the vehicle
carrying either the President, Vice President, or visiting heads of
foreign states or foreign governments enters the Callahan Tunnel or
Sumner Tunnel. Sector two will preclude all vessels from entering an
area of the main ship channel, Boston Inner Harbor, fifty yards in all
directions from a point directly above the Callahan Tunnel and the
Sumner Tunnel.
(3) Sector three will go into effect 15 minutes before the vehicle
carrying either the President, Vice President, or visiting heads of
foreign states or foreign governments enters the Ted Williams Tunnel.
Sector three will preclude all vessels from entering an area of the
main ship channel, Boston Inner Harbor, fifty yards in all directions
from a point directly above the Ted Williams Tunnel.
(4) Sector four will go into effect 15 minutes before either the
President, Vice President, or visiting head of foreign states or
foreign governments board the designated transport vessel. Sector four
will preclude all vessels from approaching within three hundred yards
in all directions from the designated vessel transporting either the
President, Vice President, or visiting head of foreign states or
foreign governments between Logan International Airport and any
location in Boston Harbor.
(5) The activation of a particular sector of this security zone
will be announced via Safety Marine Information Broadcasts and by
locally issued notices.
(b) Regulations:
(1) The general regulations covering security zones contained in 33
CFR 165.33 apply.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on scene patrol
personnel. Coast Guard patrol personnel include commissioned, warrant,
and petty officers of the Coast guard. Upon being hailed by a Coast
Guard vessel via siren, radio, flashing light, or other means, the
[[Page 1091]]
operator of a vessel shall proceed as directed.
Dated: December 11, 1997.
J. L. Grenier,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 98-450 Filed 1-7-98; 8:45 am]
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