[Federal Register Volume 67, Number 13 (Friday, January 18, 2002)]
[Proposed Rules]
[Pages 2614-2616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1358]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-01-227]
RIN 2115-AA97


Safety and Security Zones; High Interest Vessels--Boston Harbor, 
Weymouth Fore River, and Salem Harbor, Massachusetts

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rule making.

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SUMMARY: The Coast Guard proposes to establish safety and security 
zones for vessels determined to be high interest vessels (HIVs) by the 
Captain of the Port (COTP), Boston. The safety and security zones would 
close all waters of Boston Harbor, the Weymouth Fore River Channel, and 
Salem Harbor 1000 yards ahead and astern and 200 yards on each side of 
an HIV in transit or at anchor. The zones will prohibit entry into or 
movement within this portion of the COTP Boston zone without Captain of 
the Port authorization. These safety and security zones are needed to 
safeguard the vessels, the public, and the surrounding area from 
sabotage or other subversive acts, accidents, or other events of a 
similar nature.

DATES: Comments and related material must reach the Coast Guard on or 
before February 28, 2002. The public meeting will be held on February 
20, 2002 from 11 a.m. to 1 p.m. Further public meetings will be 
scheduled if necessary.

ADDRESSES: You may mail comments and related material to Marine Safety 
Office Boston, 455 Commercial Street, Boston, MA. Marine Safety Office 
Boston maintains the public docket for this rulemaking. Comments and 
materials received from the public, as well as documents indicated in 
this preamble as being available in the docket, will become part of the 
docket and will be available for inspection or copying at Marine Safety 
Office Boston between the hours of 8 a.m. and 3 p.m., Monday through 
Friday, except Federal holidays. The public meeting will be held at the 
Black Falcon Cruise Terminal, located at One Black Falcon Avenue 
Boston, Massachusetts.

FOR FURTHER INFORMATION CONTACT: LT Dave Sherry, Marine Safety Office 
Boston, Maritime Security Operations Division, at (617) 223-3067.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD01-01-
227), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
your comments reached us, please enclose a stamped, self-addressed 
postcard or envelope. We will consider all comments and material 
received during the comment period. We may change this proposed rule in 
view of them.

Public Meeting

    The Coast Guard plans to hold a public meeting within the comment 
period on February 20, 2002 from 11 a.m. to 1 p.m. at the Black Falcon 
Cruise Terminal, located at One Black Falcon Avenue Boston, 
Massachusetts, to discuss the proposed high interest vessel security 
zones. This date coincide with the monthly Port Operators Group 
meeting, which provides the best forum to discuss the proposed 
rulemaking. For information regarding this meeting contact LT Dave 
Sherry at the address listed under ADDRESSES. If you wish to hold 
additional meetings, you may contact LT Dave Sherry with a request in 
writing explaining why one would be beneficial. If we determine an 
additional meeting would aid in this rulemaking, we will extend the 
comment period and hold one at a time and place announced by a later 
notice in the Federal Register. Those who wish to comment on the 
proposed rulemaking but cannot attend the public meeting may submit 
written comments to LT Dave Sherry at the address listed under 
ADDRESSES.

Background and Purpose

    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 are likely. Due to these heightened security 
concerns, safety and security zones are prudent for vessels which may 
be likely targets of terrorist acts. This regulation proposes to 
establish safety and security zones for high interest vessels (HIVs). 
These zones would close all waters of Boston Harbor, the Weymouth Fore 
River Channel, and Salem Harbor 1000 yards ahead and astern, and 200 
yards on each side of an HIV in transit or at anchor.
    For the purposes of this rule, high interest vessels operating in 
Boston Harbor, Salem Harbor or the Weymouth Fore River, include the 
following: Barges or ships carrying gasoline, chlorine, anhydrous 
ammonia, or any other bulk hazardous chemicals or other cargo deemed to 
be high interest by the Captain of the Port; passenger vessels; or any 
other vessels deemed to be of high interest by the Captain of the Port, 
Boston under the circumstances. For purposes of this rule, neither 
small passenger vessels regulated by 33 Code of Federal Regulations, 
subchapter T, nor liquefied natural gas carrier vessels will be 
considered HIVs.
    Whether a vessel is considered high interest is determined by the 
Captain of the Port (COTP) Boston based on the potential threat posed 
by the vessel to the safety and/or security to the maritime community, 
the crews or passengers of the HIVs, and the surrounding communities 
from subversive or terrorist attack.
    These proposed safety and security zones would prohibit entry into 
or movement in all waters 1000 yards ahead or astern, and 200 yards on 
each side of any HIV in the following waters of the Boston Captain of 
the Port Zone: (1) All waters of Boston Inner Harbor,

[[Page 2615]]

including the waters of 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) in Salem Inner Harbor, all 
waters 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; and (3) 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 deg.55'19"W 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.
    The safety and security zones are necessary to protect the HIVs, 
their crews and/or passengers, others in the maritime community, and 
the surrounding communities from subversive or terrorist attack against 
a vessel which could, by the nature of its cargo or the destructive 
capability of the vessel structure itself, potentially cause serious 
negative impact to vessels, the port, or the environment. Safety and 
security zones are necessary to protect passenger vessels due to the 
their potential as a target of subversive or terrorist attack from the 
water, which could result in numerous casualties.
    The Captain of the Port anticipates some impact on vessel traffic 
due to this proposed regulation. However, the safety and security zones 
are deemed necessary for the protection of life and property within the 
COTP Boston zone. Public notifications will be made prior to the 
effective period via local notice to mariners and marine information 
broadcasts.
    No person or vessel may enter or remain in a prescribed safety or 
security zone at any time without the permission of the Captain of the 
Port. Each person or vessel in a safety or 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.
    Any violation of any safety or security zone proposed 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. This regulation is proposed 
under the authority contained in 50 U.S.C. 191, 33 U.S.C. 1223, 1225 
and 1226.

Regulatory Evaluation

    This proposed 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, 1979).
    The Coast Guard expects the economic impact of this proposed rule 
to be so minimal that a full Regulatory Evaluation under paragraph 10e 
of the regulatory policies and procedures of DOT is unnecessary.
    Although this proposed regulation will prevent traffic from 
transiting a portion of Boston Harbor, the Weymouth Fore River Channel, 
and Salem Harbor during HIV operations, the effect of this regulation 
will not be significant due to the minimal time that vessels will be 
restricted from the area, vessels can pass safely around the zones, 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 proposed 
rule will not have a significant economic impact on a substantial 
number of small entities. This proposed 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 Boston 
Harbor, the Weymouth Fore River Channel, and Salem Harbor during HIV 
operations. This proposed rule will not have a significant economic 
impact on a substantial number of small entities because the zone is 
limited in duration, vessels can pass safely around the zones, and the 
Coast Guard will issue marine information broadcasts before the 
effective period widely available to users of the harbor.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed 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.

Assistance for Small Entities

    Under section 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 proposed rule so that they can 
better evaluate its effects on them and participate in the rulemaking. 
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 LT Dave Sherry at 
the address listed under ADDRESSES.

Collection of Information

    This proposed rule calls 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 proposed 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's having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed 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.

[[Page 2616]]

Civil Justice Reform

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

Indian Tribal Governments

    This proposed 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 
proposed rule and concluded that, under figure 2-1, (34)(g), of 
Commandant Instruction M16475.lD, this proposed rule is categorically 
excluded from further environmental documentation. A ``Categorical 
Exclusion Determination'' is available in the docket where indicated 
under ADDRESSES.

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

    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. Add Sec. 165.114 to read as follows:


Sec. 165.114  Safety and Security Zones: High Interest Vessel-Boston 
Harbor, Weymouth fore River, and Salem Harbor, Massachusetts.

    (a) Location. The following waters within the Boston Captain of the 
Port Zone 1000 yards ahead and astern, and 200 yards on each side of 
any High Interest vessel are established as safety and security zones: 
(1) All waters of Boston Inner Harbor, including the waters of 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) in Salem Inner Harbor, all waters 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; and (3) 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 deg.55'19"W 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) High interest vessels. For the purposes of this rule, high 
interest vessels operating in Boston Harbor, Salem Harbor or the 
Weymouth Fore River, include the following: barges or ships carrying 
gasoline, chlorine, anhydrous ammonia, or any other bulk hazardous 
chemicals or other cargo deemed to be high interest by the Captain of 
the Port; passenger vessels; or any other vessels deemed to be of high 
interest by the Captain of the Port, Boston under the circumstances. 
For purposes of this rule, neither small passenger vessels regulated by 
33 CFR, chapter 1, subchapter T, nor liquefied natural gas carrier 
vessels will be considered HIVs
    (c) Regulations.
    (1) In accordance with the general regulations in Secs. 165.23 and 
165.33, entry into or movement within this zone will be 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.

    Dated: January 9, 2002.
B.M. Salerno,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 02-1358 Filed 1-15-02; 3:13 pm]
BILLING CODE 4910-15-U