[Federal Register Volume 67, Number 144 (Friday, July 26, 2002)]
[Proposed Rules]
[Pages 48834-48837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18920]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-02-023]
RIN 2115-AA97


Safety and Security Zone; Liquefied Natural Gas Carrier Transits 
and Anchorage Operations, Boston, Marine Inspection Zone and Captain of 
the Port Zone

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish safety and security 
zones for liquefied natural gas carrier (LNGC) vessels and a liquefied 
natural gas facility within the Boston Captain of the Port Zone. Entry 
into or movement within these zones would be prohibited without prior 
authorization from the Captain of the Port (COTP), Boston, MA. These 
zones are needed to safeguard the LNGC vessels and Liquid Natural Gas 
(LNG) facility, 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 an LNGC vessel.

DATES: Comments and related material must reach the Coast Guard on or 
before August 26, 2002.

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 (CGD01-02-023), 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.

FOR FURTHER INFORMATION CONTACT: LT Dave Sherry, Marine Safety Office 
Boston, Maritime Security Operations Division, at (617) 223-3030.

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 (CGD1-02-
023), 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 
that 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 does not plan to hold a public meeting regarding 
this proposed rule. However, you may submit a request for a meeting by 
writing to Marine Safety Office Boston at the address listed under 
ADDRESSES, explaining why one would be beneficial. If we determine a 
meeting would aid in this rulemaking, we will hold one at a time and 
place announced by a later notice in the Federal Register.

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 liquefied natural gas carrier (LNGC) 
vessels and Liquefied Natural Gas (LNG) facilities, 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 LNGC vessel. These safety and 
security zones would prohibit entry into or movement within the 
specified areas.
    The Coast Guard proposes establishing safety and security zones 
around LNGC vessels while the vessels are anchored in the waters of 
Broad Sound. This rule would also create a moving safety zone around 
any LNGC vessel within navigable waters of the United States in the 
Captain of the Port (COTP) Boston zone, as defined in 33 CFR 3.05-10. 
To the extent that it is applicable, under the Ports and Waterways 
Safety Act, (33 U.S.C.S. 1221 et seq., and 46 U.S.C.S. 391a) navigable 
waters of the United States include 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 baseline of the United States determined in accordance with 
international law.

[[Page 48835]]

    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.

Discussion of Proposed Rule

    The Coast Guard proposes to establish three pairs of safety and 
security zones with identical boundaries, within the COTP Boston zone. 
The first pair of safety and security zones are proposed in all waters 
of Broad Sound within a 500-yard radius of any anchored LNGC vessel 
located within an area 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. The second 
pair of zones proposed would be in all waters of the Mystic River 
within a 400-yard radius of any LNGC vessel moored at the Distrigas LNG 
facility in Everett, MA. Finally, except as enumerated above, safety 
and security zones are proposed two miles ahead and one mile astern, 
and 500 yards on each side of any LNGC vessel underway within the COTP 
Boston zone. All coordinates are NAD 83.
    This proposed rulemaking would replace the established safety zone 
listed at 33 CFR 165.110. That safety zone does not provide the current 
level of necessary protection. Section 165.110 recognizes the safety 
concerns with transits of LNGC 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 could have on the port of Boston and surrounding areas, 
increased protection of these vessels and the Distrigas facility is 
necessary.
    This proposed rulemaking would provide increased protection for 
LNGC vessels moored at the Distrigas facility and establishes 
protection for the vessels in Broad Sound. It would also provide 
continuous protection for LNGC vessels 2 miles ahead, 1 mile astern, 
and 500 yards on each side of an LNGC vessel anytime a vessel is 
underway within the COTP Boston zone, rather than limiting this 
protection to the Boston Main Ship Channel while a vessel is transiting 
Boston Harbor and Boston North Channel (as does the previous zone in 
Sec. 165.110).
    The increased protection provided in this proposed 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 proposed 
rulemaking would establish safety and security zones around any LNGC 
vessel, loaded or unloaded, while anchored in Broad Sound, at the 
Distrigas facility pier, 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 would provide necessary protection to 
unloaded vessels, which continue to pose a safety and security risk if 
unprotected. This proposed 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 LNGC vessel laden with LNG or residual cargo.
    The Coast Guard recognizes that operational marine terminals are 
presently adjacent to the Distrigas, Everett MA facility and could be 
impacted by this proposed rule. The Coast Guard does not seek to hinder 
the operations these facilities conduct in the course of their normal 
business. The Coast Guard would not restrict the normal everyday 
business of these adjacent facilities under this proposed rule, and 
would permit them to continue normal pierside and waterside activities 
as they always have. However, in the event a significant security risk 
exists on their properties or a terrorist event is imminent or has 
occurred, these activities may come under increased scrutiny and 
possible restrictions.
    No person or vessel would be able to enter or remain in the 
proposed 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 would be required to obey any direction or order of the 
Captain of the Port. The Captain of the Port would be able to take 
possession and control of any vessel in a security zone and remove any 
person, vessel, article or thing from a security zone. No person would 
be able to 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. To the extent that it is applicable, these 
regulations are issued under authority contained in 50 U.S.C. 191, 33 
U.S.C. 1223, 1225, 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 $250,000), in rem liability against the 
offending vessel, and license sanctions.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
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 minimal enough that a full Regulatory Evaluation under paragraph 
10e of the regulatory policies and procedures of DOT is unnecessary.
    There may be some adverse effects on the maritime community by this 
proposed rule, but those effects would be minimized by: the minimal 
time that vessels would be restricted from the areas, the ample room 
for vessels to navigate around the zones in Broad Sound and, in most 
portions of the navigable waters of the United States, the fact that 
vessels could transit ahead, behind, or after the passage of LNGC 
vessels. In addition, vessels would be able to request permission from 
the Captain of the Port or representatives on scene to pass through the 
zones, and advance notifications would be made to the local maritime 
community by marine information broadcasts and local notice to 
mariners.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard considered whether this proposed 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 would not have a significant economic impact on a substantial 
number of small entities. This rule would affect the

[[Page 48836]]

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, in addition to the fact that small 
entities have been operating in the Captain of the Port Boston Zone 
under a similar regulation for over 16 years, these safety and security 
zones would 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 proposed 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 LT Dave Sherry, at (617) 223-3030. 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).

Collection of Information

    This proposed 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 proposed rule under Executive Order 
13132, Federalism, 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 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.

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 
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 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. 
We invite your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

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 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 proposed 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, and 160.5; 49 CFR 1.46.

    2. Revise Sec. 165.110 to read as follows:


Sec. 165.110  Safety and Security Zone; Liquefied Natural Gas Carrier 
Transits and Anchorage Operations, Boston, Massachusetts.

    (a) Definitions. For purposes of this section, navigable waters of 
the United States includes all waters of the territorial sea as 
described in Presidential Proclamation No. 5928 of December 27, 1988. 
Presidential Proclamation No. 5928 of December 27, 1988 declared that 
the territorial sea of the United States extends to 12 nautical miles 
from the baseline of the United States.
    (b) Location. The following areas are safety and security zones:
    (1) Vessels underway. All navigable waters of the United States 
within the Captain of the Port (COTP) Boston zone, as defined in 33 CFR 
3.05-10, two miles ahead and one mile astern, and 500 yards on each 
side of any liquefied natural gas carrier (LNGC) vessel while underway.
    (2) Vessels anchored in the Broad Sound. All waters within a 500-
yard radius of any anchored LNGC vessel located 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 (NAD 83).
    (3) Vessels moored at the Distrigas LNGfacility. All waters within 
a 400-yard radius of any LNGC vessel moored at the Distrigas LNG 
facility in Everett, MA.

[[Page 48837]]

    (c) Regulations. (1) In accordance with the general regulations in 
Sec. 165.23 and Sec. 165.33 of this part, entry into or movement within 
these zones is prohibited unless authorized by the Captain of the Port 
Boston, or his authorized representative.
    (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: June 11, 2002.
B.M. Salerno,
Captain, Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 02-18920 Filed 7-25-02; 8:45 am]
BILLING CODE 4910-15-U