[Federal Register Volume 67, Number 154 (Friday, August 9, 2002)]
[Rules and Regulations]
[Pages 51761-51763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20245]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-02-063]
RIN 2115-AA97


Safety and Security Zones; USCGC EAGLE Port Visit--Salem Harbor, 
MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary safety and security 
zones for the United States Coast Guard Cutter (CGC) EAGLE's port visit 
to the PG&E Power Plant in Salem, MA, from August 9, 2002, to August 
12, 2002. The safety and security zones close all waters within a 100-
yard radius of the USCGC EAGLE while underway off the coast of 
Massachusetts in United States territorial seas, and while moored at 
the PG&E Pier in Salem Harbor, Salem, MA. The safety and security zones 
prohibit entry into or movement within this portion of Salem Harbor 
during the effective periods.

DATES: This rule is effective from 6 a.m. August 9 until 11:59 p.m., 
August, 12, 2002.

ADDRESSES: Documents 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: LT David M. Sherry, Marine Safety 
Office Boston, Waterways Safety and Response Division, at (617) 223-
3000.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On July 11, 2002, we published a notice of proposed rulemaking 
(NPRM) entitled ``Safety and Security Zones: USCGC EAGLE Port Visit--
Salem Harbor, Massachusetts'' in the Federal Register (67 FR 45945). We 
received no

[[Page 51762]]

comments on the proposed rule. No public hearing was requested, and 
none was held. 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. Any delay encountered in 
this rule's effective date would be contrary to public interest since 
immediate action is needed to safeguard the CGC EAGLE (a training 
vessel for the U.S. Coast Guard Academy), persons on the vessel, the 
public, and surrounding communities from sabotage or other subversive 
acts, accidents, or other events of a similar nature. The CGC EAGLE 
presents a possible target of terrorist attack, because it is a 
prominent and highly visible public vessel. These temporary safety and 
security zones are being established to safeguard the CGC EAGLE (a 
training vessel for the U.S. Coast Guard Academy), persons on the 
vessel, the public, and surrounding communities from sabotage or other 
subversive acts, accidents, or other events of a similar nature. These 
safety and security zones, having identical boundaries, prohibit entry 
into or movement within the specified areas. Public notifications will 
be made prior to the effective period via safety marine information 
broadcasts.

Background and Purpose

    This rule establishes safety and security zones within a 100-yard 
radius of the USCGC EAGLE while it is moored at the PG&E Pier in Salem 
Harbor, Salem, MA and while the vessel is transiting within navigable 
waters of the United States in the Captain of the Port (COTP) Boston 
zone, as defined in 33 CFR 3.05-10. Under the Ports and Waterways 
Safety Act, (33 U.S.C.S. 1221 et seq.) 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 
(103 Stat. 2981; 54 FR 777, January 9, 1989). 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. The safety and 
security zones are in effect from August 9, 2002, to August 12, 2002. 
Public notifications will be made prior to the effective period via 
local notice to mariners and marine information broadcasts.

Regulatory Evaluation

    This 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, l979).
    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 Captain of The Port anticipates minimal impact to vessel 
traffic due to the safety and security zones. Some impact on 
recreational vessel and small passenger vessel traffic is expected in 
the vicinity of Salem Harbor, however it is expected to be minimal due 
to the ability of these vessels to transit safely outside of the safety 
and security zones. Thus, although this rule would prevent traffic from 
transiting a portion of Salem Harbor during the effective periods, the 
effects will not be significant for the reasons outlined above. Advance 
notifications will be made to the local maritime community by safety 
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 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 
would not have significant economic impact on a substantial number of 
small entities. This rule would have a minimal impact on small entities 
because vessel traffic can safely pass outside of the safety and 
security zones during the effective period, the safety and security 
zones are limited in duration, and advance notifications will be made 
to the local maritime community by safety marine information 
broadcasts.

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, 
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's 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 Safety 
Risks. This 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 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.

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.

[[Page 51763]]

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 safety, 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. Add temporary Sec. 165.T01-063 to read as follows:


Sec. 165.T01-063  Safety and Security Zones: USCGC EAGLE Port visit-
Salem Harbor, Massachusetts.

    (a) Location. The following areas are safety and security zones: 
(1) All waters of Salem Harbor within a 100 yard radius of the United 
States Coast Guard Cutter (USCGC) EAGLE while moored at the PG & E 
Pier;
    (2) All navigable waters of the United States within the Captain of 
the Port (COTP) Boston zone, as defined in 33 CFR 3.05-10, within a 
100-yard radius of the USCG EAGLE while underway.
    (b) Effective date. This rule is effective from 6 a.m. August 9, 
2002 through 11:59 p.m. August 12, 2002.
    (c) 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.
    (d) 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 
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: July 31, 2002.
B.M. Salerno,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 02-20245 Filed 8-6-02; 4:08 pm]
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