[Federal Register Volume 66, Number 231 (Friday, November 30, 2001)]
[Rules and Regulations]
[Pages 59696-59698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29761]



[[Page 59696]]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-01-214]
RIN 2115-AA97


Safety and Security Zones; Liquid Natural Gas Carrier Transits 
and Anchorage Operations, 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 temporary safety and security 
zones for Liquid Natural Gas Carrier (LNGC) vessels within the Boston 
Marine Inspection Zone and Captain of the Port Zone. These safety and 
security zones will temporarily close all waters within a 500-yard 
radius of all LNGC vessels anchored in Broad Sound and while moored at 
the Distrigas waterfront facility in the Mystic River, Everett 
Massachusetts. These safety and security zones also temporarily close 
all navigable waters and internal waters of the United States within 
the Boston Marine Inspection Zone and Captain of the Port Zone, two 
miles ahead and one mile astern, and 1000-yards on each side of any 
LNGC vessel anytime a vessel is within the internal waters of the 
United States and out to 12 nautical miles. Entry into or movement 
within these zones is prohibited without prior authorization from the 
Captain of the Port. These zones are needed to safeguard the LNGC 
vessels, the public and the surrounding area from sabotage or other 
subversive acts, accidents, or other events of a similar nature, and 
are needed to protect persons, vessels and others in the maritime 
community from the safety hazards associated with the transit and 
limited maneuverability of a large tank vessel.

DATES: This rule is effective from 12:01 a.m. November 13, 2001, until 
11:59 p.m. June 15, 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: Chief Petty Officer Michael Popovich, 
Marine Safety Office Boston, Waterways Safety & Response Division, at 
(617) 223-3000.

SUPPLEMENTARY INFORMATION:

Regulatory History

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553, 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. Due to the flammable 
nature of the Liquid Natural Gas Carrier (LNGC) vessel cargo, this 
rulemaking is urgently required to prevent possible terrorist strikes 
against LNGC vessels 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 
would render LNGC vessels transiting the port of Boston vulnerable to 
subversive activity, sabotage or terrorist attack, and immediate action 
is necessary to protect persons, vessels and others in the maritime 
community from the hazards associated with the transit and limited 
maneuverability of a large tank vessel.
    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 possible terrorist attacks against LNGC 
vessels, and to protect other vessels, waterfront facilities, the 
public and the port of Boston from potential sabotage or other 
subversive acts, accidents or other causes of a similar nature. In 
addition, the zones protect persons, vessels and others in the maritime 
community from the hazards associated with the transit and limited 
maneuverability of a large tank vessel. 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. These zones 
should have minimal impact on the users of the Boston Marine Inspection 
Zone and Captain of the Port Zone, Boston Harbor and Broad Sound as 
LNGC vessel transits are infrequent, vessels have ample water to 
transit around the zones while at anchor in Broad Sound, the zones 
established while the vessel is transiting are moving safety and 
security zones, allowing vessels to transit ahead, behind or after 
passage of an LNGC vessel, and public notifications will be made prior 
to an LNGC transit via local notice to mariners and marine information 
broadcasts.

Background and Purpose

    In light of the terrorist attacks in New York City and Washington, 
D.C. on September 11, 2001, safety and security zones are being 
established to safeguard the LNGC vessels, the public and the 
surrounding area from sabotage or other subversive acts, accidents, or 
other events of a similar nature, and to protect persons, vessels and 
others in the maritime community from the hazards associated with the 
transit and limited maneuverability of a large tank vessel. These 
safety and security zones prohibit entry into or movement within the 
specified areas.
    This rulemaking establishes safety and security zones in a radius 
around LNGC vessels while the vessels are anchored in Broad Sound, and 
while moored at the Distrigas waterfront facility. It also creates a 
moving safety zone any time an LNGC vessel is within Boston Marine 
Inspection Zone and Captain of the Port Zone, as defined in 33 CFR 
3.05-10, in the internal waters of the United States and the navigable 
waters of the United States. Under the Ports and Waterways Safety Act 
(PWSA), navigable waters of the United States includes all waters of 
the territorial sea of the United States as described in Presidential 
Proclamation No. 5928 of December 27, 1988. This Presidential 
Proclamation declared that the territorial sea of the United States 
extends to 12 nautical miles from the baselines of the United States 
determined in accordance with international law. This regulation 
establishes safety and security zones with identical boundaries 
covering the following areas of the Boston Marine Inspection Zone and 
Captain of the Port Zone: (1) In the waters of Broad Sound bounded by a 
line starting at position 42 deg. 25' N, 070 deg. 58' W; then running 
southeast to position 42 deg. 22' N, 070 deg. 56' W; then running east 
to position 42 deg. 22' N, 070 deg. 50' W; then running north to 
position 42 deg. 25' N, 070 deg. 50' W; then running west back to the 
starting point; all waters within a 500-yard radius of any anchored 
Liquid Natural Gas Carrier; (2) all waters within a 500-yard radius of 
any LNGC vessel moored at the DISTRIGAS Facility, in Everett, 
Massachusetts; (3) Except as provided in sections (1) and (2) above, in 
the internal waters of the United States and the navigable waters of 
the United States, as defined by 33 U.S.C. 1222(5), that are within the 
Boston Marine Inspection Zone and Captain of the Port

[[Page 59697]]

Zone, as defined in 33 CFR 3.05-10, two miles ahead and one mile 
astern, and 1000-yards on each side of any LNGC vessel.
    This rulemaking also temporarily suspends a safety zone for 
liquefied natural gas tank vessel (LNG) transits into Boston Harbor, 
located at 33 CFR 165.110(a). 33 CFR 165.110 establishes a safety zone 
bounded by the limits of the Boston Main Ship Channel and extending two 
miles ahead and one mile astern of a loaded LNG vessel transiting the 
Boston North Channel and Boston Harbor. That safety zone ends when the 
vessel reaches the Distrigas waterfront facility in the Mystic River, 
Everett, Massachusetts. Section 165.110 also establishes a safety zone 
extending 150-feet around a loaded LNG vessel while the vessel is 
alongside the Distrigas facility, and the vessel remains in a loaded 
condition or is transferring liquefied natural gas. Section 165.110 
recognizes the safety concerns with transits of large tank vessels, but 
is inadequate to protect LNGC vessels from possible terrorist attack, 
sabotage or other subversive acts. National security and intelligence 
officials warn that future terrorist attacks against civilian targets 
may be anticipated. Due to the flammable nature of LNGC vessels and 
impact the ignition of this cargo would have on the port of Boston and 
surrounding areas, increased protection of these vessels is necessary. 
In comparison to 33 CFR 165.110, this rulemaking provides increased 
protection for LNGC vessels as follows: It establishes safety and 
security zones around LNGC vessels anchored in Broad Sound; it 
increases protection for LNGC vessels moored at the Distrigas facility 
from 150-feet to 500-yards around a vessel; and it provides continuous 
protection for LNGC vessels 2 miles ahead, 1 mile astern, and 1000-
yards on each side of LNGC vessels anytime a vessel is within the 
internal waters of the United States and out to 12 nautical miles, 
seaward from the baselines of the United States, as determined by 
international law, within the Boston Marine Inspection Zone and Captain 
of the Port Zone, rather than limiting this protection to the limits of 
the Boston Main Ship Channel while a vessel is transiting Boston Harbor 
and Boston North Channel. The increased protection provided in this 
rulemaking also recognizes the safety concerns associated with an 
unloaded LNGC vessel. 33 CFR 165.110 only establishes safety zones 
around loaded LNG tank vessels or while the vessel is transferring its 
cargo. This rulemaking establishes safety and security zones around any 
LNGC vessels, loaded or unloaded, while anchored in Broad Sound, moored 
at the Distrigas facility, and any time a LNGC vessel is located in the 
Boston Marine Inspection Zone and Captain of the Port Zone, including 
the internal waters and out to 12 nautical miles from the baseline of 
the United States. These zones provide necessary protection to unloaded 
vessels, which continue to pose a safety/security hazard. This 
rulemaking also recognizes the continued need for safety zones around 
LNGC vessels, which are necessary to protect persons, facilities, 
vessels and others in the maritime community, from the hazards 
associated with the transit and limited maneuverability of a large tank 
vessel.
    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 order of the Captain of the Port. The Captain of 
the Port may take possession and control of any vessel in a 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. These regulations are issued under 
authority contained in 50 U.S.C. 191, 33 U.S.C. 1223, 1225 and 1226.
    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

    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. The 
Office of Management and Budget has not reviewed it under that Order. 
It is not significant under the regulatory policies and procedures of 
the Department of Transportation (DOT) (44 FR 11040, February 26, 
l979).
    The Coast Guard expects the economic impact of this rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary.
    The effect of this regulation will not be significant for several 
reasons: the minimal time that vessels will be restricted from the 
areas, there is ample room for vessels to navigate around the zones in 
Broad Sound and, in most portions of the navigable waters of the United 
States, vessels can transit ahead, behind, and after passage of LNGC 
vessels, and advance notifications will be made to the local maritime 
community by marine information broadcasts.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard considered whether this rule would have a significant economic 
impact on a substantial number of small entities. 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 rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule will affect the following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
transit or anchor in a portion of Broad Sound or Boston Harbor. For the 
reasons enumerated in the Regulatory Evaluation section above, these 
safety and security zones will not have a significant economic impact 
on a substantial number of small entities.

Assistance for Small Entities

    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 rule so that they can better evaluate 
its effects on them and participate in the rulemaking process. If your 
small business or organization would be affected by this rule and you 
have questions concerning its provisions or options for compliance, 
please call Chief Petty Officer Michael Popovich, telephone (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 
comments on actions by employees of the Coast Guard, call 1-888-REG-
FAIR (1-888-734-3247).

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Collection of Information

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

Federalism

    The Coast Guard analyzed this rule under Executive Order 13132 and 
has determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government having first provided the funds to pay 
those costs. This rule would not impose an unfunded mandate.

Taking of Private Property

    This rule would 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

    The Coast Guard analyzed this rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Security 
Risks. This rule is not an economically significant rule and does not 
pose an environmental risk to health or risk to security 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. A 
rule with tribal implications has 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.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under figure 2-1, (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 where indicated under ADDRESSES.

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

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed 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, 160.5; 49 CFR 1.46.


    2. From 12:01 a.m. November 13, 2001 until 11:59 p.m. June 15, 
2002, suspend Sec. 165.110.

    3. From 12:01 a.m. November 13, 2001 until 11:59 p.m. June 15, 2002 
temporarily add Sec. 165.T01-214 to read as follows:


Sec. 165.T01-214  Safety and Security Zone: Liquid Natural Gas Carrier 
Transits and Anchorage Operations, Boston, Massachusetts.

    (a) Location. The following areas are safety and security zones:
    (1) In the waters of Broad Sound bounded by a line starting at 
position 42 deg. 25' N, 070 deg. 58' W; then running southeast to 
position 42 deg. 22' N, 070 deg. 56' W; then running east to position 
42 deg. 22' N, 070 deg. 50' W; then running north to position 42 deg. 
25' N, 070 deg. 50' W; then running west back to the starting point; 
all waters within a 500-yard radius of any anchored Liquid Natural Gas 
Carrier (LNGC) vessel;
    (2) All waters of the Mystic River within a 500-yard radius of any 
LNGC vessel moored at the Distrigas Facility, Everett, Massachusetts;
    (3) Except as provided in paragraphs (1) and (2) of this section, 
in the internal waters of the United States and the navigable waters of 
the United States, as defined by 33 U.S.C. 1222(5), that are within the 
Boston Marine Inspection Zone and Captain of the Port Zone, as defined 
in 33 CFR 3.05-10, two miles ahead and one mile astern, and 1000-yards 
on each side of any LNGC vessel.
    (b) Effective period. This section is effective from 12:01 a.m. 
November 13, 2001, until 11:59 p.m. June 15, 2001.
    (c) Regulations.
    (1) In accordance with the general regulations in Secs. 165.23 and 
165.33 of this part, entry into or movement within this zone is 
prohibited unless authorized by the Captain of the Port, Boston.
    (2) All vessel operators shall comply with the instructions of the 
COTP or the designated on-scene U.S. Coast Guard patrol personnel. On-
scene Coast Guard patrol personnel include commissioned, warrant, and 
petty officers of the Coast Guard on board Coast Guard, Coast Guard 
Auxiliary, local, state, and federal law enforcement vessels.
    (3) No person may enter the waters within the boundaries of the 
safety and security zones unless previously authorized by the Captain 
of the Port, Boston or his authorized patrol representative.

    Dated: November 13, 2001.
B. M. Salerno,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 01-29761 Filed 11-29-01; 8:45 am]
BILLING CODE 4910-15-U