[Federal Register Volume 66, Number 188 (Thursday, September 27, 2001)]
[Rules and Regulations]
[Pages 49280-49284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24236]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 110 and 165

[CGD01-01-162]
RIN 2115-AA84, 2115-AA97, and 2115-AA98


Anchorages, Regulated Navigation Areas, Safety and Security 
Zones; Boston Marine Inspection Zone and Captain of the Port Zone

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing three temporary Regulated 
Navigation Areas (RNAs) and one

[[Page 49281]]

temporary Anchorage Ground for certain vessels over 300 gross tons 
operating within the Boston Marine Inspection Zone and Captain of the 
Port Zone. This action is necessary to ensure public safety and prevent 
sabotage or terrorist acts. The rule will regulate the circumstances 
under which certain vessels may enter, transit or operate within Boston 
Harbor, Salem Harbor and Weymouth Fore River Channel and establish a 
temporary Massachusetts Bay Anchorage Ground for certain vessels 
awaiting the Captain of the Port's permission to enter the Regulated 
Navigation Areas. This rule also establishes five safety and security 
zones excluding all vessels from waterfront facilities and other areas 
within the Captain of the Port Zone at high risk from sabotage and 
terrorist acts.

DATES: This rule is effective from September 18, 2001 until March 16, 
2002.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at Marine Safety Office Boston, 455 Commercial 
Street, Boston, MA between the hours of 8 a.m. and 3 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant (junior grade) Dave Sherry, 
Marine Safety Office Boston, Waterways Management Division, at (617) 
223-3000.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. On September 11, 2001, two 
commercial aircraft were hijacked from Logan Airport in Boston, 
Massachusetts and flown into the World Trade Center in New York, New 
York inflicting catastrophic human casualties and property damage. A 
similar attack was conducted on the Pentagon on the same day. National 
security and intelligence officials warn that future terrorist attacks 
against civilian targets may be anticipated. This rulemaking is 
urgently required to prevent future terrorist strikes within and 
adjacent to waters within the Boston Marine Inspection Zone and Captain 
of the Port Zone. The delay inherent in the NPRM process is contrary to 
the public interest insofar as it may render individuals, vessels and 
facilities within and adjacent to the Boston Marine Inspection Zone and 
Captain of the Port Zone vulnerable to subversive activity, sabotage or 
terrorist attack.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. The measures contemplated by the 
rule are intended to prevent future terrorist attack against 
individuals, vessels and waterfront facilities within or adjacent to 
the Boston Marine Inspection Zone and Captain of the Port Zone. 
Immediate action is required to accomplish these objectives. Any delay 
in the effective date of this rule is impracticable and contrary to the 
public interest.

Background and Purpose

    On September 11, 2001, terrorists launched attacks on civilian and 
military targets within the United States killing large numbers of 
people and damaging properties of national significance. Vessels 
operating within the Boston Marine Inspection Zone and Captain of the 
Port Zone present possible targets of terrorist attack or platforms 
from which terrorist attacks may be launched upon other vessels, 
waterfront facilities and adjacent population centers. The Coast Guard 
has established a temporary anchorage ground on Massachusetts Bay and 
Regulated Navigation Areas within the waters of Boston Harbor, Salem 
Harbor and Weymouth Fore River Channel, as part of a comprehensive, 
port security regime designed to safeguard human life, vessels and 
waterfront facilities from sabotage or terrorist acts. The Captain of 
the Port will determine the threat posed by and to affected vessels 
before they are allowed to enter the Regulated Navigation Areas and may 
establish conditions under which they are allowed to enter, transit or 
operate within those areas. Prior to the determination of whether and 
under what conditions a vessel may enter, transit or operate within the 
Regulated Navigation Areas, vessels may be directed by the Captain of 
the Port to temporarily anchor in the temporary anchorage area 
established in Massachusetts Bay. In addition, the Coast Guard has 
established five (5) safety and security zones having identical 
boundaries, which restrict entry into or movement within portions of 
Boston Inner Harbor, Salem Harbor and Plymouth Bay.

Regulated Navigation Area and Anchorage Area

    The rule establishes three Regulated Navigation Areas (RNAs) 
comprised of the waters within Boston Inner Harbor, Salem Inner Harbor 
and the Weymouth Fore River Channel, respectively. Towing vessels, 
tankers, tug and barge combinations, research vessels, container, dry 
bulk ships and passenger ships over 300 gross tons are required to 
obtain authorization from the Captain of the Port before entering any 
of these RNAs. The rule does not apply to commuter ferries, 
recreational boats or commercial fishing vessels.
    In order to obtain authorization, a vessel subject to this rule is 
required to submit a ``Notice of Arrival'' information sheet and its 
crew list to Coast Guard Marine Safety Office Boston at least 24 hours 
in advance of its intended entry into an RNA. In addition, it will be 
required to undergo an inspection to the satisfaction of the Captain of 
the Port. Vessels awaiting Captain of the Port inspection or 
authorization will be directed to anchor in the Massachusetts Bay 
Anchorage Grounds established by this rule. Vessels to which this rule 
is applicable must also receive approval prior to leaving the port. 
Vessels will be required to notify the Captain of the Port of any 
changes in crew while in Port prior to receiving authorization to 
depart any of the Regulated Navigation Areas.
    The Captain of the Port may authorize a vessel subject to this rule 
to enter an RNA under such circumstances and conditions as he deems 
appropriate to minimize the threat of injury to the vessel, the port, 
waterfront facilities or adjacent population centers resulting from 
sabotage or terrorist acts launched against or from the vessel.
    Violations of the RNA regulations are punishable by civil penalties 
(not to exceed $25,000 per violation), criminal penalties (imprisonment 
for not more than 6 years and a fine of not more than $250,000) and in 
rem liability against the offending vessel.

Safety and Security Zones

    The rule also establishes five distinct safety and security zones 
having identical boundaries. Four of these zones are being established 
by reference to a radius around a particular coordinate or easily 
identifiable landmark. One zone is being established by reference to 
readily identifiable boundaries. All of the zones are being established 
in order to protect the waterfront facilities, terminals, power plants, 
as well as persons and vessels from subversive or terrorist acts.
    No person or vessel may enter or remain in the prescribed safety 
and security zones at any time without the permission of the Captain of 
the Port. Each person or vessel in a safety and security zone shall 
obey any direction or

[[Page 49282]]

order of the Captain of the Port. The Captain of the Port may take 
possession and control of any vessel in a safety and security zone and/
or remove any person, vessel, article or thing from a security zone. No 
person may board, take or place any article or thing on board any 
vessel or waterfront facility in a security zone without permission of 
the Captain of the Port.
    Any violation of any safety or security zone described herein, is 
punishable by, among others, civil penalties (not to exceed $25,000 per 
violation, where each day of a continuing violation is a separate 
violation), criminal penalties (imprisonment for not more than 10 years 
and a fine of not more than $100,000), in rem liability against the 
offending vessel, and license sanctions.

Regulatory Evaluation

    While this rule may be later determined to be a significant 
regulatory action under section 3(f) of Executive Order 12866, 
requiring further analysis of potential costs and benefits under 
section 6(a)(3) of that order, immediate implementation of this rule is 
necessary to ensure the safety and security of the Port and, as such, 
must be made without the requisite, prior administrative finding. The 
Office of Management and Budget has not reviewed it under that order. 
It may, or may not, be significant under the regulatory policies and 
procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). However, the sizes of the zones are the minimum 
necessary to provide adequate protection for the public, vessels, and 
vessel crews. Any vessels seeking entry into or movement within the 
safety and security zones must request permission from the Captain of 
the Port or his authorized patrol representative. Any hardships 
experienced by persons or vessels are considered minimal compared to 
the national interest in protecting the public, vessels, and vessel 
crews from the further devastating consequences of the aforementioned 
acts of terrorism, and from potential future sabotage or other 
subversive acts, accidents, or other causes of a similar nature.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard has not yet determined whether this proposal will have a 
significant economic impact on a substantial number of small entities. 
The term ``small entities'' comprises small businesses and 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 is not presently able 
to certify under section 605(b) of the Regulatory Flexibility Act (5 
U.S.C. 601, et seq.) that this final rule will not have a significant 
economic impact on a substantial number of small entities. However, 
given the continued risk and potential damage to the national security 
interests of the United States, in addition to the need to protect and 
safeguard innocent civilians within and near the port, it is necessary 
to implement this regulation before said analysis may be fully 
accomplished. Maritime advisories will be initiated by normal methods 
and means and will be widely available to users of the area.

Assistance for Small Entities

    Under subsection 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 [Pub. L. 104-121], the Coast Guard 
wants to assist small entities in understanding this final rule so that 
they can better evaluate its effects on them and participate in the 
rulemaking. If your small business or organization would be affected by 
this final rule and you have questions concerning its provisions or 
options for compliance, please call Lieutenant (junior grade) Dave 
Sherry, Marine Safety Office Boston, at (617) 223-3000. Small 
businesses may send comments on the actions of Federal employees who 
enforce, or otherwise determine compliance with, Federal regulations to 
the Small Business and Agriculture Regulatory Enforcement Ombudsman and 
the Regional Small Business Regulatory Fairness Boards. The Ombudsman 
evaluates these actions annually and rates each agency's responsiveness 
to small business. If you wish to comment on actions by employees of 
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it

[[Page 49283]]

does not require a Statement of Energy Effects under Executive Order 
13211.

Environment

    We have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph 34(g) of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket for inspection or copying where indicated 
under ADDRESSES.

List of Subjects

33 CFR Part 110

    Anchorage Grounds.

33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR parts 110 and 165 as follows:

PART 110--ANCHORAGE REGULATIONS

    1. The authority citation for part 110 continues to read as 
follows:

    Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071; 
49 CFR 1.46 and 33 CFR 1.05-1(g).

    2. Add temporary Sec. 110.T01-162 to read as follows:


Sec. 110.T01-162  Anchorage Grounds: Massachusetts Bay.

    (a) Anchorage grounds. The waters of Massachusetts Bay enclosed by 
a line beginning at position 42 deg.30'00"N, 070 deg.32'00"W and 
running east to position 42 deg.30'00"N, 070 deg.25'00"W; thence 
running south to position 42 deg.23'00"N, 070 deg.25'00"W; thence 
running west to position 42 deg.23'00"N, 070 deg.32'00" and thence 
running north back to the beginning position.
    (b) Effective dates. This regulation is effective from September 
18, 2001 until March 16, 2002.
    (c) Regulations. (1) The Massachusetts Bay Anchorage Grounds are 
reserved for vessels over 300 gross tons which have been directed to 
the anchorage grounds while awaiting the Captain of the Port's 
authorization to enter Regulated Navigation Areas comprised of the 
waters within Boston Inner Harbor, Salem Inner Harbor or Weymouth Fore 
River Channel.
    (2) Vessels anchored in this area shall move promptly upon 
notification by the Captain of the Port.
    (3) When directed to enter the anchorage by the Captain of the 
Port, vessels shall do so at safe speed in accordance with the 
applicable navigation rules.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    3. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.

    4. Add temporary Sec. 165.T01-162 to read as follows:


Sec. 165.T01-162  Regulated Navigation Area: Boston Marine Inspection 
Zone and Captain of the Port Zone.

    (a) Regulated navigation area. The following waters within the 
boundaries of the Boston Marine Inspection Zone and Captain of the Port 
Zone are established as Regulated Navigation Areas:
    (1) Regulated Navigation Area A. All waters of the Boston Inner 
Harbor, including the Mystic River, Chelsea River, and Reserved Channel 
west of a line running from Deer Island Light at position 42 deg.20'-
25"N, 070 deg.57'-15"W to Long Island at position 42 deg.19'-48"N, 
070 deg.57'-15"W, and west of the Long Island Bridge, running from Long 
Island to Moon Head.
    (2) Regulated Navigation Area B. All waters of the Salem Inner 
Harbor southwest of a line running from Juniper Point at position 
42 deg.32'-02"N, 070 deg.51'-52" W and Fluen Point at position 
42 deg.31'-16"N, 070 deg.51'-12"W.
    (3) Regulated Navigation Area C. All waters of the Weymouth Fore 
River Channel, Hingham Bay and Hull Bay, south of a line running from 
Windmill Point at position 42 deg.18'-14"N, 070-55'-19" to Peddocks 
Island at position 42 deg.18'-10"N, 070 deg.55'-38"W and a east of a 
line running across West Gut from West Head at position 42 deg.17'-
13"N, 070 deg.56'-55"W and Nut Island at position 42 deg.16'-48"N, 
070 deg.57'-15"W.
    (b) Applicability. This section applies to all towing vessels, 
tankers, tug and barge combinations, research vessels, container and 
dry bulk vessels, and passenger ships over 300 gross tons. It does not 
apply to commuter boats, recreational boats or commercial fishing 
vessels.
    (c) Effective dates. This section is effective from September 18, 
2001 until March 16, 2002.
    (d) Regulations. (1) Any vessel intending to enter, transit or 
operate within the Regulated Navigation Areas is required to submit its 
crew list and a ``Notice of Arrival'' information sheet to the Captain 
of the Port at Coast Guard Marine Safety Office Boston no less than 24 
hours in advance of the vessel's intended port call. ``Notice of 
Arrival'' information sheets may be obtained from Marine Safety Office 
Boston. Requests for and submission of forms may be made via facsimile 
machine number (617) 223-3032.
    (2) Any vessel intending to transit, operate within, or leave the 
Regulated Navigation Areas is required to submit a notification of any 
change of crew that occurred while in port, if any, including a list of 
old and new crew members, and the names, nationality, and passport 
numbers of any crew who have left the vessel.
    (3) Vessels must be inspected to the satisfaction of the United 
States Coast Guard and obtain authorization from the Captain of the 
Port before entering the Regulated Navigation Areas.
    (4) Vessels awaiting inspection or Captain of the Port 
authorization to enter Regulated Navigation Areas will anchor in the 
Massachusetts Bay Anchorage Ground.

    5. Add temporary  deg.165.T01-171 to read as follows:


Sec. 165.T01-171  Safety and Security Zones: Boston Marine Inspection 
Zone and Captain of the Port Zone.

    (a) Safety and security zones. The following are established as 
safety and security zones:
    (1) All waters of the Mystic River within a five hundred (500) yard 
radius of the Distrigas terminal pier in Everett, MA.
    (2) All waters of Boston Harbor, including the Reserved Channel, 
west of a line connecting the Southeastern tip of the North Jetty and 
the Northeastern corner of the Paul W. Conley Marine Terminal pier.
    (3) All waters of Boston Inner Harbor within a two hundred (200) 
yard radius of Pier 2 at the Coast Guard Integrated Support Command 
Boston, Boston, MA.
    (4) All waters of Plymouth Bay within a five hundred (500) yard 
radius of the cooling water discharge canal at the Pilgrim Nuclear 
Power Plant, Plymouth, MA.
    (5) All waters of Salem Harbor within a five hundred (500) yard 
radius of the PG & E U.S. Generating power plant pier in Salem, MA.
    (b) Effective dates. This section is effective from September 18, 
2001 until March 16, 2002.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 and 165.33 apply.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the

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designated on-scene-patrol personnel. These personnel comprise 
commissioned, warrant, and petty officers of the Coast Guard. Upon 
being hailed by a U. S. Coast Guard vessel by siren, radio, flashing 
light, or other means, the operator of a vessel shall proceed as 
directed.

    Dated: September 18, 2001.
G.N. Naccara,
Rear Admiral, U.S. Coast Guard, District Commander.
[FR Doc. 01-24236 Filed 9-26-01; 8:45 am]
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