[Federal Register Volume 67, Number 81 (Friday, April 26, 2002)]
[Rules and Regulations]
[Pages 20642-20644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10174]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

CGD01-01-214

RIN 2115-AA97


Safety and Security Zones; Liquefied 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; change in effective period.

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SUMMARY: The Coast Guard is extending the effective period of the 
temporary safety and security zones for Liquefied Natural Gas Carrier 
(LNGC) vessels within the Boston Marine Inspection Zone and Captain of 
the Port Zone until August 15, 2002, to provide necessary protection 
and allow adequate time for a notice and comment period to develop a 
permanent rule. Entry into or movement within waters within a 500-yard 
radius of all LNGC vessels anchored in Broad Sound or moored at the 
Distrigas waterfront facility in the Mystic River, Everett, 
Massachusetts, or two miles ahead and one mile astern, and 1000-yards 
on each side of any LNGC vessel in navigable waters and internal waters 
of the United States within the Boston Marine Inspection Zone and 
Captain of the Port Zone, is prohibited without prior authorization 
from the Captain of the Port.

DATES: The amendment to Sec. 165.T01-214 is effective April 26, 2002. 
Section 165.T01-214, added at 66 FR 59698, November 30, 2001, effective 
November 13, 2001, until June 15, 2002, is extended in effect until 
August 15, 2002. The suspension of Sec. 165.110 at 66 FR 59698, 
November 13, 2001, is extended through August 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: Lieutenant Dave Sherry, Maritime 
Security Operations, Marine Safety Office Boston, Waterways Safety & 
Response Division, at (617) 223-3000.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On October 22, 2001, we issued a temporary final rule (TFR) (Docket 
# CGD01-01-191, 67 FR 9194, 9197; February 28, 2002) that remained in 
effect until November 13, 2001 when, because of the delay of the mail 
delivery of the rule to Washington, D.C. for publication in the Federal 
Register, it was replaced by a second TFR entitled ``Safety and 
Security Zone; Liquefied Natural Gas Carrier Transits and Anchorage 
Operations, Boston, Marine Inspection Zone''. (66 FR 59696, November 
30, 2001). That rule is scheduled to remain in effect until June 15, 
2002.
    This rule was published without a notice of proposed rulemaking 
(NPRM). Under 5 U.S.C. 553, the Coast Guard found that good cause 
existed for not publishing an NPRM for this rule extension. Due to the 
flammable nature of the LNGC vessel cargo, the earlier TFR was 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. It was anticipated that we would assess the security 
environment towards the end of the effective period to determine 
whether continued LNG related security precautions were required and, 
if so, to propose regulations responsive to existing conditions. We 
have determined the need for continued security regulations exists. The 
Coast Guard will utilize the extended effective period of this TFR to 
engage in notice and comment rulemaking to develop permanent 
regulations tailored to the present and foreseeable security 
environment within the Port of Boston.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for not publishing an NPRM and making this rule change 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,

[[Page 20643]]

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. The Coast Guard intends 
to publish an NPRM proposing to make the measures of this temporary 
regulation permanent. This extension preserves current security 
measures during the rulemaking process, and that NPRM will invite 
public comment regarding the proposed revisions to the permanent 
regulations.

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 were 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 prohibited entry into or movement within the specified 
areas.
    As we mentioned in the original TFR, these regulations were 
designed to provide the Captain of the Port of Boston with maximum 
flexibility to respond to emergent threats to LNG vessels. When less 
stringent security measures are required, the Captain of the Port 
communicates relaxed enforcement policies to the public. As a result, 
the full scope of these regulations is rarely imposed. Nevertheless, 
the flexibility to utilize those measures permitted by the TFR and 
required by the circumstances is vital to ensure port security in the 
present environment.
    The temporary rule in effect currently is only effective until June 
15, 2002. The Coast Guard is extending the effective date of this rule 
until August 15, 2002, to allow the establishment of permanent safety 
and security zones by notice and comment rulemaking.

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, 
1979).
    The Coast Guard expects the economic impact of this rule to be 
minimal enough 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. Any hardships experienced 
by persons or vessels are considered minimal compared to the national 
interest in protecting the public, vessels, and the maritime community 
from further devastating consequences of the aforementioned acts of 
terrorism.

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 (Public Law 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 Lieutenant Dave Sherry, 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 comment on actions by employees of 
the Coast Guard, call 1-888REGFAIR (1-888-734-3247).

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

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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.


Sec. 165.110  [Suspended]

    2. Section 165.110, which was suspended at 66 FR 59698, November 
30, 2001, from November 13, 2001 until June 15, 2002, will continue to 
be suspended through August 15, 2002.

    3. Revise temporary Sec. 165.T01-214(b) to read as follows:


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

* * * * *
    (b) Effective date. This section is effective from October 22, 
2001, until August 15, 2002.
* * * * *

    Dated: April 11, 2002.
B.M. Salerno,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 02-10174 Filed 4-25-02; 8:45 am]
BILLING CODE 4910-15-P