[Federal Register Volume 69, Number 99 (Friday, May 21, 2004)]
[Proposed Rules]
[Pages 29246-29250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11589]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD01-04-002]
RIN 2115-AA00


Security Zones; Democratic National Convention, Boston, MA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a series of temporary 
security zones on the Charles River in the vicinity of the FleetCenter/
North Station, throughout a portion of Boston Inner Harbor in the 
vicinity of Logan International Airport and surrounding Very Important 
Person (VIP) vessels designated by the Captain of the Port (COTP) 
Boston, Massachusetts, to be in need of Coast Guard escort for security 
reasons while they are transiting the COTP Boston, Massachusetts zone. 
These temporary zones are needed to safeguard protectees, the public, 
designated VIP vessels and crews, other vessels and crews, and the 
infrastructure within the COTP Boston, Massachusetts, zone from 
terrorist or subversive acts during the Democratic National Convention: 
A National Special Security Event, being held from July 26, 2004 to 
July 29, 2004 at the

[[Page 29247]]

Fleet Center/North Station Facilities, in Boston, Massachusetts. These 
security zones will prohibit entry into or movement within certain 
portions of the Charles River in the vicinity of the FleetCenter/North 
Station, Boston Inner Harbor in the vicinity of Logan International 
Airport, and 50 yards surrounding designated VIP vessels in the COTP 
Boston, Massachusetts zone, during the specified closure periods within 
the July 24, 2004 to July 31, 2004 timeframe.

DATES: Comments and related material must reach the Coast Guard on or 
before June 21, 2004.

ADDRESSES: You may mail comments and related material to Marine Safety 
Office Boston, 455 Commercial Street, Boston, MA. The Marine Safety 
Office Boston maintains the public docket for this rulemaking. Comments 
and material 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 8 a.m. and 3 p.m., Monday through Friday, 
except Federal holidays.

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

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, CGD01-04-
002, 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

    We do not plan to hold a public meeting. The United States Secret 
Service (USSS) and the United States Coast Guard have conducted 
numerous outreach meetings with port users and the affected maritime 
community regarding the proposed restrictions. However, you may submit 
a request for a meeting by writing to Marine Safety Office Boston at 
the address under ADDRESSES explaining why one would be beneficial. If 
we determine that a public meeting would aid this rulemaking, we will 
hold one at a time and place announced by a separate notice in the 
Federal Register.

Background and Purpose

    In light of terrorist attacks on New York City and on the Pentagon 
in Arlington, VA, on September 11, 2001, and the continuing concern for 
future terrorist and or subversive acts against the United States, 
especially at events where a large number of persons are likely to 
congregate, the Coast Guard proposes to establish temporary security 
zones in certain waters of the Charles River in the vicinity of the 
FleetCenter/North Station, certain waters of Boston Inner Harbor in the 
vicinity of Logan International Airport, and surrounding VIP designated 
vessels identified by the COTP Boston, Massachusetts during the 
Democratic National Convention (DNC). The DNC has been designated a 
National Special Security Event (NSSE) and will occur between July 26, 
2004, to July 29, 2004, at the FleetCenter/North Station facilities, in 
Boston, Massachusetts. Security measures for this event, including 
security zones proposed herein, are necessary from July 24, 2004, to 
July 31, 2004, and are needed to safeguard maritime transportation 
infrastructure, the public, and designated protectees, and to safeguard 
designated VIP vessels carrying protectees, from potential acts of 
violence or terrorism during DNC activities.
    The planning for these security zones has been conducted in 
conjunction with, and as a result of requests from, the USSS, the lead 
federal agency for the DNC, and the U.S. Capitol Police. This proposed 
rule would temporarily close sections of the Charles River in the 
vicinity of the FleetCenter/North Station, certain Boston Inner Harbor 
water areas along the perimeter of Logan International Airport, and 
surrounding designated VIP vessels identified by the COTP Boston, 
Massachusetts, to be in need of Coast Guard escort for security reasons 
while they are transiting the COTP Boston, Massachusetts zone, at 
specified times from July 24, 2004 to July 31, 2004.
    For purposes of this rulemaking, designated VIP vessels include any 
vessels designated by the Coast Guard COTP Boston, Massachusetts to be 
in need of Coast Guard escort in the COTP Boston, Massachusetts zone, 
based on a request from the USSS or the Capitol Police. Any VIP 
designated vessel may contain protectees. ``Protectees'' for the 
purposes of the U.S. Secret Service include the President of the United 
States and former presidents and their spouses, the Democratic nominee 
for president, and the Democratic nominee for vice president and their 
spouses. ``Protectees'' for the purposes of the Capitol Police include 
particular U.S. Congressmen. One or more Coast Guard Cutters or small 
boats will escort designated VIP vessels deemed in need of escort 
protection.
    The Captain of the Port Boston, Massachusetts will notify the 
maritime community of the periods during which the security zones will 
be enforced. Broadcast notifications will be made to the maritime 
community advising them of the boundaries of the zones.
    No person or vessel may enter or remain in the prescribed security 
zones at any time without permission of the Captain of the Port. Each 
person or vessel in a security zone must obey any direction or order of 
the COTP, or the designated Coast Guard on-scene representative. The 
COTP 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 COTP. Any violation of any security zone described herein, is 
punishable by, among others, civil penalties (not to exceed $32,500 per 
violation, where each day of a continuing violation is a separate 
violation), criminal penalties (imprisonment for not more than 6 years 
and a fine for not more than $250,000 for an individual and $500,000 
for an organization), in rem liability against the offending vessel and 
license sanctions. This rule is established under the authority 
contained in 50 U.S.C. 191, 33 U.S.C. 1223 and 1226.
    As part of the Diplomatic Security and Antiterrorism Act of 1986 
(Pub. L. 99-399), Congress amended section 7 of the Ports and Waterways 
Safety Act (PWSA), 33 U.S.C. 1226, to allow the Coast Guard to take 
actions, including the establishment of security zones, to prevent or 
respond to acts of terrorism against individuals, vessels, or public or 
commercial structures. Moreover, the Coast Guard has authority to 
establish security zones pursuant to the Act of June 15, 1917, as 
amended by the Magnuson Act of August 9, 1950 (50 U.S.C. 191 et seq.) 
(the ``Magnuson Act'') and implementing regulations promulgated by the 
President in Subparts 6.01 and 6.04 of part 6 of Title 33 of the Code 
of Federal Regulations.

[[Page 29248]]

Discussion of Proposed Rule

    The Charles River security zone in the vicinity of the FleetCenter/
North Station would extend from the western most portion of the 
Monsignor O'Brien Highway Bridge/Museum of Science structure as the 
western boundary, to a line drawn across the Charles River, 50 yards 
east and parallel to, the Charlestown Bridge, as the eastern boundary. 
This security zone is intended to protect the north side of the 
FleetCenter/North Station, the USSS-designated NSSE venue for the DNC, 
which abuts the Charles River. The Fleet Center/North Station buildings 
themselves are located in the North End of Boston and are surrounded by 
the following roadways: Causeway Street, Lomasney Way, Nashua Street 
and a portion of Route I-93. The above-described waters of the Charles 
River will be temporarily closed to all vessel traffic, except for 
those vessels described below, unless authorized by the Coast Guard 
Captain of the Port. Only commercial vessels that transit this area on 
daily or regular routes will be allowed to transit, as prearranged with 
the USSS and U.S. Coast Guard, and authorized by on-scene Coast Guard 
personnel, after having been swept by law enforcement personnel. Any 
vessel allowed to transit will be escorted through the area by law 
enforcement patrol craft. The Residents Inn Hotel pier in Charlestown, 
at the mouth of the Charles River, is just inside the eastern most 
boundary of the zone. Vessels may have access to this pier with prior 
approval of the USSS and U.S. Coast Guard, and authorized by on-scene 
Coast Guard personnel. The Charles River Zone would be effective from 
12:01 a.m., e.d.t., on July 26, 2004, until 2 a.m., e.d.t., on July 30, 
2004.
    The temporary security zone around Logan International Airport (The 
Logan Airport DNC Zone) is needed to provide protection from waterborne 
threats to aircraft carrying certain protectees as they arrive and 
depart from the airport. This zone would include the area between the 
mean high water line around the airport and a line measured 250 feet 
seaward of and parallel to the mean high water line. The dimensions of 
this zone are marked by a line of marker buoys along the Logan 
International Airport shoreline. Only commercial vessels that transit 
this area on daily or regular routes will be allowed to transit, as 
prearranged with the USSS and U.S. Coast Guard, and authorized by on-
scene Coast Guard personnel. Any vessel allowed to transit will be 
escorted through the area by law enforcement patrol craft. All vessel 
transits will be restricted from the Logan Airport DNC zone 15 minutes 
prior to and after the departure and/or landing of aircraft carrying 
protectees. The Massachusetts Marine Environmental Police will 
coordinate commercial shoreline shell fishing vessels that operate in 
the area. The Logan Airport DNC zone would be in effect from 8 a.m., 
e.d.t., on July 24, 2004, until 10 p.m., e.d.t., on July 31, 2004.
    The temporary security zones surrounding VIP vessels designated by 
the COTP Boston, Massachusetts, are needed for security reasons while 
such VIP designated vessels are transiting the COTP Boston, 
Massachusetts zone. These temporary zones will encompass a distance of 
fifty (50) yards surrounding any designated VIP vessel carrying 
protectees. These zones would only be implemented as deemed necessary 
at or near the time of the designated VIP vessel transit by the USSS or 
the U.S. Capitol Police. The designated VIP vessel zones could be in 
effect at various times from 8 a.m., e.d.t., on July 24, 2004, until 10 
p.m., e.d.t., on July 31, 2004.

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 Homeland Security (DHS).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of the DHS is unnecessary.
    Although this proposed regulation will temporarily prevent traffic 
from transiting a portion of the Charles River, Boston Inner Harbor and 
surrounding certain VIP designated vessels during the specified 
effective periods, the effects of this regulation will be minimized 
based on several factors. Vessels that historically have conducted 
daily business in the area of the Charles River security zone will be 
allowed to transit, as long as prearranged as discussed, thereby 
preventing disruption to their normal business. The potential delays 
associated with vessels being swept and escorted through the zone will 
be minimal. The Logan Airport DNC security zone mirrors an existing 
state security zone, and therefore users of these waters will not 
encounter restrictions significantly different from those already in 
existence. The temporary security zones surrounding VIP designated 
vessels are included in this rule as a precautionary measure should 
they become necessary. At this time, no VIP designated vessel security 
zones are scheduled. If they are deemed necessary during the event and 
are subsequently implemented, these zones are limited in scope, enough 
so that vessels may transit safely outside of the zones and still make 
use of the waterway. Additionally, VIP designated vessels will be 
advised to operate in such a manner as to avoid restricting the main 
shipping channels from use by large commercial vessels that require the 
depth of water to operate safely. Lastly, advance notice to waterways 
users has been, and will continue to be made via outreach meetings, 
informational brochures, 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 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 proposed rule would affect the following 
entities, some of which may be small entities: The owners or operators 
of vessels intending to transit or anchor in these security zones 
during this event. However, this proposed rule will not have a 
significant economic impact on a substantial number of small entities 
due to: Transit accommodations that are being made for regular 
commercial operators within the Charles River and Logan Airport DNC 
zones; the minimal time that vessels will be restricted from the area 
of the zones; vessels can pass safely around the zones; vessels will 
have to wait only a short time for the VIP designated vessels to pass 
if they cannot safely pass outside the zones; and advance notifications 
will be made to the local maritime community by marine information 
broadcasts.
    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

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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), 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. 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 Chief Petty Officer Daniel 
Dugery Waterways Safety and Response, Marine Safety Office Boston, 
(617) 223-3000.

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

    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 proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in the 
preamble.

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

    We have analyzed this proposed 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 
create 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, because it would 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. 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.

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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.1D, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation. A draft ``Environmental Analysis Check 
List'' and a draft ``Categorical Exclusion Determination'' (CED) are 
available in the docket where indicated under ADDRESSES. Comments on 
this section will be considered before we make the final decision on 
whether the rule should be categorically excluded from further 
environmental review.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping requirements, Safety 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. 1226, 1231; 50 U.S.C. 191, 195; 33 CFR 
1.05-1(g), 6.04-1, 6.04-6, and 160.5; Department of Homeland 
Security Delegation No. 0170.1.

    2. Add Sec.  165.T04-002 to read as follows:


Sec.  165.T04-002  Security Zones; Democratic National Convention, 
Waters of the Charles River, Boston Inner Harbor in the vicinity of 
Logan International Airport, and designated Very Important Person 
vessel transits, Boston, Massachusetts, Captain of the Port Zone.

    (a) Location. The following areas are security zones:
    (1) All navigable waters of the Charles River from the westernmost 
portion of the Monsignor O'Brien Highway Bridge/Museum of Science 
structure as the western boundary, to a line drawn across the Charles 
River, 50 yards east and parallel to, the Charlestown Bridge, as the 
eastern boundary.
    (2) All waters between the mean high water line around the 
perimeter of Logan International Airport and a line measured 250 feet 
seaward of and parallel to the mean high water line.
    (3) All navigable waters 50 yards around any designated Very 
Important Person vessel carrying specified protectees during Democratic 
National Convention activities, in the Captain of the Port Boston, 
Massachusetts zone.
    (b) Regulations. (1) Entry into or remaining in these zones is 
prohibited unless authorized by the Coast Guard Captain of the Port, 
Boston.
    (2) Persons desiring to transit the area of the security zones may 
contact the Captain of the Port at telephone number 617-223-3000/5750 
or the authorized on-scene patrol representative on VHF channel 16 
(156.8 MHz) to seek permission to transit the areas. If permission is 
granted, all persons and vessels must comply with the

[[Page 29250]]

instructions of the Captain of the Port or his or her designated 
representative.
    (3) All persons and vessels must comply with the instructions of 
the Captain of the Port or the designated on-scene Coast Guard patrol 
personnel. On-scene Coast Guard patrol personnel include commissioned, 
warrant and petty officers of the Coast Guard on board Coast Guard 
Auxiliary, and local, state and federal law enforcement vessels.
    (4) The Captain of the Port or his designated representative will 
notify the maritime community of periods during which these zones will 
be enforced. The Captain of the Port or his designated representative 
will identify designated Very Important Person vessel transits by way 
of marine information broadcast. Emergency response vessels are 
authorized to move within the zone, but must abide by restrictions 
imposed by the Captain of the Port or his designated representative.
    (c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the 
authority for this section includes 33 U.S.C. 1226.
    (d) Enforcement period. This section will be enforced from:
    (1) 12:01 a.m. e.d.t., on July 26, 2004, until 2 a.m. e.d.t., on 
July 30, 2004, with respect to the Charles River Zone described in 
paragraph (a)(1).
    (2) 8 a.m. e.d.t., on July 24, 2004 until 10 p.m. e.d.t., on July 
31, 2004, with respect to the Logan Airport DNC Zone described in 
paragraph (a)(2).
    (3) 8 a.m. e.d.t., on July 24, 2004, until 10 p.m. e.d.t., on July 
31, 2004, with respect to the moving security zones described in 
paragraph (a)(3) around designated Very Important Person vessels 
carrying specified protectees, as deemed necessary by the USSS or U.S. 
Capitol Police, 15 minutes prior to and while they are onboard the 
vessel.

    Dated: May 5, 2004.
Brian M. Salerno,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 04-11589 Filed 5-20-04; 8:45 am]
BILLING CODE 4910-15-P