[Federal Register Volume 67, Number 198 (Friday, October 11, 2002)]
[Rules and Regulations]
[Pages 63261-63264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25794]


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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: Final rule.

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SUMMARY: The Coast Guard is establishing 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 is 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: This rule is effective November 12, 2002.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket [CGD01-02-023] and are available for inspection or 
copying at Marine Safety Office Boston, 455 Commercial Street, Boston, 
MA 02109 between the hours of 8 a.m. and 3 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Chief Daniel Dugery, Marine Safety 
Office Boston, Waterways Security and Response Division, at (617) 223-
3000.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On July 26, 2002, we published a notice of proposed rulemaking 
(NPRM) entitled Safety and Security Zone; Liquefied Natural Gas Carrier 
(LNGC) Transits and Anchorage Operations, Boston, Marine Inspection 
Zone and Captain of the Port Zone in Federal Register (67 FR 48834). We 
received 1 letter commenting on the proposed rule. No public hearing 
was requested, and none was held.

Background and Purpose

    In light of the terrorist attacks in New York City and Washington, 
DC on September 11, 2001, safety and security zones are being 
established to safeguard the LNGC vessels and 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 prohibit entry into or movement 
within the specified areas.
    This rule establishes safety and security zones around LNGC vessels 
while the vessels are anchored in the waters of Broad Sound or moored 
at the Distrigas facility in Everett, MA. This rule also creates a 
moving safety zone around any LNGC vessel within navigable waters of 
the United States in the COTP Boston zone, as defined in 33 CFR 3.05-
10. Under the Ports and Waterways Safety Act, 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.
    The Captain of the Port anticipates some impact on vessel traffic 
due to this regulation. However, the safety and security zones are 
deemed necessary for the protection of life and property within the 
COTP Boston zone.

Discussion of Comments and Changes

    The only comment received on this rulemaking commended the Coast 
Guard on protecting the LNGCs entering the port. In light of this 
comment and the lack of additional comments, no changes have been made 
to this rule.

Discussion of Rule

Safety and Security Zones

    This rule establishes three safety and security zones with 
identical boundaries, within the COTP Boston zone. The first safety and 
security zones

[[Page 63262]]

are 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[min] N, 070[deg]58[min] W; then running southeast to 
position 42[deg]22[min] N, 070[deg]56[min] W; then running east to 
position 42[deg]22[min] N, 070[deg]50[min] W; then running north to 
position 42[deg]25[min] N, 070[deg]50[min] W; then running west back to 
the starting point. The second safety and security zones are 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 will be 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 rulemaking replaces the established safety zone listed at 33 
CFR 165.110. That safety zone does not provide the current necessary 
level of 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 rulemaking provides increased protection for LNGC vessels 
moored at the Distrigas facility and establishes protection for the 
vessels in Broad Sound. It also provides 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 limits of the Boston Main 
Ship Channel while a vessel is transiting Boston Harbor and Boston 
North Channel (as the previous zone in Sec.  165.110).
    The increased protection provided in this rule 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 
these vessels are transferring their cargo. This rule establishes 
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 
provide necessary protection to unloaded vessels, which continue to 
pose a safety and security risk if unprotected. 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 LNGC vessel laden with LNG or residual 
cargo.
    No person or vessel will be able to enter or remain in these 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 will be 
required to obey any direction or order of the Captain of the Port. The 
Captain of the Port will 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 will 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. These 
regulations are issued under authority contained in 50 U.S.C. 191, 33 
U.S.C. 1225, 1226, and 1231.
    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 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 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 
rule, but those effects will be minimized by: the minimal time that 
vessels will 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 can 
transit ahead, behind, or after the passage of LNGC vessels. In 
addition, vessels will be able to request permission from the Captain 
of the Port or representatives on scene to pass through 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 will 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, in 
addition to the fact that small entities have been operating in the 
Captain of the Port Boston, MA, Zone under a similar regulation for 
over 18 years, 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 will be affected by this rule and you 
have questions concerning its provisions or options for compliance, 
please call Chief Daniel Dugery, at (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

[[Page 63263]]

wish to comments on actions by employees of the Coast Guard, call 1-
888-REG-FAIR (1-888-734-3247).

Collection of Information

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

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
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 having first provided the funds to pay 
those costs. This rule does not impose an unfunded mandate.

Taking of Private Property

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

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.

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.

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) Definition. 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[min] N, 070 
deg. 58[min] W; then running southeast to position 42 deg. 22[min] N, 
070 deg. 56[min] W; then running east to position 42 deg. 22[min] N, 
070 deg. 50[min] W; then running north to position 42 deg. 25[min] N, 
070 deg. 50[min] W; then running west back to the starting point (NAD 
83).
    (3) Vessels moored at the Distrigas LNG facility. All waters within 
a 400-yard radius of any LNGC vessel moored at the Distrigas LNG 
facility in Everett, MA.
    (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/her authorized representative.
    (2) All vessel operators shall comply with the instructions of the 
COTP or his/her 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 in this section unless previously authorized 
by the Captain of the Port, Boston, or his/her authorized patrol 
representative.


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    Dated: September 24, 2002.
B.M. Salerno,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 02-25794 Filed 10-10-02; 8:45 am]
BILLING CODE 4910-15-P