[Federal Register Volume 63, Number 63 (Thursday, April 2, 1998)]
[Rules and Regulations]
[Pages 16116-16118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8259]
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing 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: This rule is effective on June 1, 1998.
ADDRESSES: The comments and other material referred to in this preamble
are available for inspection or copying at the Marine Safety Office,
Boston, MA, during normal working hours 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:
Regulatory History
On January 8, 1998, the Coast Guard published a Notice of Proposed
Rulemaking titled ``Security Zone: Dignitary Arrival/Departure Logan
International Airport, Boston, MA'' in the Federal Register (63 FR
1089). The comment period ended March 9, 1998. The Coast Guard received
two letters commenting on this proposal. These comments have been
incorporated into this final rule. No public hearing was requested and
none was held.
Background and Purpose
Boston Massachusetts is visited by the President or Vice President
of the United States, or visiting heads of foreign states or foreign
governments an 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 and 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. This regulation establishes a
permanent four-sector security zone that can be activated upon the
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 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.01'05''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 the President, Vice President, or visiting heads of foreign
states or foreign governments enters the Callahan Tunnel or Sumner
Tunnel. Sector two may preclude vessels, as necessary, 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 or the
Sumner Tunnel.
Sector three will go into effect 15 minutes before the vehicle
carrying the President, Vice President, or visiting heads of foreign
states or foreign governments enters the Ted Williams Tunnel. Sector
three may preclude vessels, as necessary, 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.
Sector four will go into effect 15 minutes before 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.
[[Page 16117]]
The activation of a particular sector of this security zone will be
announced via Safety Marine Information Broadcasts and/or by locally
issued notices.
Discussion of Comments and Changes
Responses to the Notice of Proposed Rulemaking provided a number of
specific comments on the proposed rule. The letters expressed concern
over the potential impact this rule could have on the port community.
One comment expressed a concern of local shipping agencies that
this rule would close the waters over the Callahan Tunnel, Sumner
Tunnel, and Ted Williams Tunnel for extended periods of time. In
response to this comment, the wording of sections two and three of the
security zone has been changed from ``will preclude all vessels'' to
``may preclude vessels, as necessary.'' In the past, when enforcing a
temporary security zone over these tunnels, the Coast Guard vessel(s)
on scene had the option whether to allow vessels to transit through the
temporary security zone or to close the waterway to all vessel
transits. This option remains.
Another comment expressed concern that the security zone around the
designated transport vessel moving the President, Vice President, or
visiting heads of foreign states or foreign governments could cause
obstructions and delays to commercial deep draft vessels transiting
Boston Inner harbor.
Discussions with the U.S. Secret Service and an examination of past
temporary security zone enforcement practices has shown that transport
vessels moving the President, Vice President, or visiting heads of
foreign states or foreign governments across the harbor have allowed
commercial vessels to transit through the area rather than impede the
transit of a commercial vessel.
The last comment indicated that a security zone, two hours in
duration, would place an unnecessary delay on vessels transiting the
port. In view of this comment, the wording under Regulatory Evaluation
has been changed from ``less than two hour duration'' to ``less than
one half-hour duration.'' This reflects the average time temporary
security zones have been in effect for inbound and outbound transits to
Logan Airport.
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
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 less than one half-hour
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 rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
This rule has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612 and it has been 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.
For reasons set out in the preamble, the Coast Guard amends 33 CFR
Part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6, 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, upon the request of the
U.S. Secret Service. These zones are for the protection of the
President or 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 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.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 the President, Vice President, or visiting heads of foreign
states or foreign governments enters the Callahan Tunnel or Sumner
Tunnel. Sector two may preclude vessels, as necessary, 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 or Sumner
Tunnel.
(3) Sector three will go into effect 15 minutes before the vehicle
carrying the President, Vice President, or visiting
[[Page 16118]]
heads of foreign states or foreign governments enters the Ted Williams
Tunnel. Sector three may preclude vessels, as necessary, 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 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
President, Vice President, or visiting heads 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/or 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
operator of a vessel shall proceed as directed.
Dated: March 18, 1998.
J. L. Grenier,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 98-8259 Filed 4-1-98; 8:45 am]
BILLING CODE 4910-15-M