[Federal Register Volume 80, Number 10 (Thursday, January 15, 2015)]
[Rules and Regulations]
[Pages 2013-2016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00327]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[USCG-2014-1055]
RIN 1625-AA87


Security Zone, John Joseph Moakley United States Courthouse; 
Boston, MA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone 
within Sector Boston's Captain of the Port (COTP) Zone on the waters in 
the vicinity of John Joseph Moakley United States Courthouse, Boston, 
MA. Enforcement of this temporary security zone is for the high profile 
court proceeding of the Boston Marathon bombing suspect Dzhokhar 
Tsarnaev at the Moakley Courthouse and is necessary to protect people, 
property, and the port of Boston from subversive acts.

DATES: This rule is effective without actual notice from January 15, 
2015 until December 31, 2015. For the purposes of enforcement, actual 
notice will be used from January 5, 2015 until January 15, 2015.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2014-1055 and are available online 
by going to http://www.regulations.gov, inserting USCG-2014-1055 in the 
''Keyword'' box, and then clicking ``Search''. They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email Mr. Mark Cutter, Coast Guard Sector 
Boston Waterways Management Division, telephone (617) 223-4000, email 
[email protected]. If you have questions on viewing the docket, 
call Cheryl Collins, Program Manager, Docket Operations, telephone 
(202)366-9826.

[[Page 2014]]


SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
USCG United States Coast Guard
U.S.C. United States Code
CFR Code of Federal Regulations
COTP Captain of the Port
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

A. Regulatory Information and Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this particular temporary final rule. Due to the nature 
of this high profile court case and the international interest that 
this trial is expected to generate, the security zone is necessary to 
help protect people, property, and the port of Boston from subversive 
acts. The trial is expected to commence on January 5, 2015, and 
therefore, it would be impracticable to publish an NPRM. Delaying this 
regulation's effective date for comment would be contrary to the public 
interest as immediate action is needed to ensure the safety in the 
surrounding area.
    The Coast Guard did, however, publish an NPRM on November 20, 2014 
(79 FR 69078), to establish a permanent security zone within Sector 
Boston's Captain of the Port (COTP) Zone for a five hundred (500) yard 
security zone, but granting vessels permission to enter the security 
zone as long as such vessels remain beyond two hundred and fifty (250) 
yards of the Moakley Courthouse, unless granted access by the COTP or 
the COTP's representative, and as long as such vessels proceed through 
the area with caution and operate at a speed no faster than that speed 
necessary to maintain a safe course, unless otherwise required by the 
Navigation Rules. We feel we need more time to adequately address the 
comments received on the NPRM relating to the impact that a two hundred 
and fifty (250) yard restriction on vessels will have on businesses.
    Accordingly, we have elected to establish this temporary five 
hundred (500) yard security zone, but grant vessels permission to enter 
the security zone as long as such vessels remain beyond one hundred 
(100) yards of the Moakley Courthouse, unless granted access by the 
COTP or the COTP's representative, and as long as such vessels proceed 
through the area with caution and operate at a speed no faster than 
that speed necessary to maintain a safe course, unless otherwise 
required by the Navigation Rules. Publishing a new NPRM to reflect this 
change and delaying the effective date would be impracticable and 
contrary to the public interest since it would inhibit the Coast 
Guard's ability to fulfill its statutory missions to protect people, 
property, and the port of Boston from subversive acts.
    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 for the reason discussed above. For 
the same reasons discussed in the preceding paragraph, the Coast Guard 
finds that waiting 30 days to make this rule effective would be 
impracticable and contrary to the public interest.

B. Basis and Purpose

    The legal basis for this rule is 33 U.S.C. 1231; 46 U.S.C. Chapter 
701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 
160.5; and Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to define security zones.
    The trial for the Boston Marathon bombing suspect, Dzhokhar 
Tsarnaev, is expected to begin on January 5, 2015 at the John Joseph 
Moakley United States Courthouse, Boston, MA. The trial is expected to 
last upwards of five months. Due to the nature of this high profile 
court case and the international interest that this trial is expected 
to generate, the Federal Protective Police have requested the Coast 
Guard issue a security zone around the waterside of the Courthouse to 
help protect people, property, and the port of Boston from subversive 
acts.

C. Discussion of Rule

    For the reason discussed above, the COTP, Sector Boston, is 
establishing a temporary security zone. This temporary security zone 
will be effective and enforced starting on January 5, 2015, and will 
continue until the trial is completed, and if necessary, during the 
sentencing phase. This security zone encompasses all U.S. navigable 
waters, from surface to bottom, within five hundred (500) yards of the 
John Joseph Moakley United States Courthouse (Moakley Courthouse) in 
Boston, MA, and following any natural waterside seawall. Specific 
geographic locations are specified in the regulatory text.
    The COTP hereby grants vessels permission to enter this five 
hundred (500) yard security zone as long as such vessels remain beyond 
one hundred (100) yards of the Moakley Courthouse unless granted access 
by the COTP or the COTP's representative, and as long as such vessels 
proceed through the area with caution and operate at a speed no faster 
than that speed necessary to maintain a safe course, unless otherwise 
required by the Navigation Rules.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    The Coast Guard expects the economic impact of this rule to be so 
minimal that a full regulatory evaluation under the regulatory policies 
and procedures of DHS is unnecessary. First, based on the comments and 
feedback from the NPRM on the permanent security zone, we feel that 
decreasing the two hundred and fifty (250) yards to one hundred (100) 
yards will minimize the impact to vessels, such as commuter ferries 
servicing Rowes Wharf, because they will be able to transit their 
normal routes. Second, the Courthouse is likely to shut down the harbor 
dock to water Taxis during the trial. Third, mariners may still pass 
through the security zone, within one hundred (100) yards of the 
Moakley Courthouse, with authorization from the COTP or a designated 
on-scene representative. Finally, such notification of this security 
zone will be published through the local Notice to Mariners, Broadcast 
Notice to Mariners, and through extensive public outreach.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small

[[Page 2015]]

entities during rulemaking. 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 persons.
    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 for all of the reasons discussed in the ``Regulatory Planning 
and Review'' section above.

3. 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. If the rule will affect your small 
business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.

4. 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).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

7. 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 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. 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.

10. Protection of Children From Environmental Health Risks

    We have 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 create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This temporary final rule involves the establishment of a 
temporary security zone. This rule is categorically excluded from 
further review under, paragraph 34(g) of figure 2-1 of the Commandant 
Instruction. An environmental analysis checklist and a categorical 
exclusion determination are available in the docket where indicated 
under ADDRESSES. We seek any comments or information that may lead to 
the discovery of a significant environmental impact from this rule.

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

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C., 1231; 46 U.S.C. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Sec.  165.T01-1055 to read as follows:


Sec.  165.T01-1055  Security Zone, John Joseph Moakley United States 
Courthouse, Boston, MA.

    (a) Location. This security zone encompasses all U.S. navigable 
waters, from surface to bottom, within five hundred (500) yards of the 
John Joseph Moakley United States Courthouse (Moakley Courthouse) in 
Boston, MA, and following any natural waterside seawall configuration 
enclosed by a line connecting the following points:

------------------------------------------------------------------------
          Latitude                            Longitude
------------------------------------------------------------------------
42[deg]21'15'' N             71[deg]02'54'' W; Bounded by the curvature
                              of the seawall, thence to
42[deg]21'13'' N             71[deg]02'27'' W; thence to
42[deg]21'25'' N             71[deg]02'17'' W; thence to
42[deg]21'32'' N             71[deg]02'54'' W; Bounded by the curvature
                              of the seawall, thence to
42[deg]21'18'' N             71[deg]03'01'' W; thence to point of
                              origin.
------------------------------------------------------------------------

    (b) Regulations. While this security zone is being enforced, the 
following regulations, along with those contained in 33 CFR 165.33, 
apply:
    (1) No person or vessel may enter or remain in this security zone 
without the

[[Page 2016]]

permission of the Captain of the Port (COTP), Sector Boston. However, 
the COTP hereby grants vessels permission to enter this security zone 
as long as such vessels remain beyond one hundred (100) yards of the 
Moakley Courthouse and as long as such vessels proceed through the area 
with caution and operate at a speed no faster than that speed necessary 
to maintain a safe course, unless otherwise required by the Navigation 
Rules.
    (2) Although vessels have permission to enter the security zone 
under the conditions mentioned in the preceding paragraph, no person or 
vessel may come within one hundred (100) yards of the Moakley 
Courthouse under any conditions unless given express permission from 
the COTP or the COTP's designated representatives.
    (3) Any person or vessel permitted to enter the security zone shall 
comply with the directions and orders of the COTP or the COTP's 
representatives. Upon being hailed by a U.S. Coast Guard vessel by 
siren, radio, flashing lights, or other means, the operator of a vessel 
within the zone shall proceed as directed. Any person or vessel within 
the security zone shall exit the zone when directed by the COTP or the 
COTP's representatives.
    (4) To obtain permissions required by this regulation, individuals 
may reach the COTP or a COTP representative via VHF channel 16 or 617-
223-5757 (Sector Boston Command Center) to obtain permission.
    (5) Penalties. Those who violate this section are subject to the 
penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.
    (c) Effective and Enforcement Period. This rule is effective and 
will be enforced with actual notice starting 12:01 a.m. on Monday, 
January 5, 2015 to 11:59 p.m. December 31, 2015.
    (d) Notification. Coast Guard Sector Boston will give actual notice 
to mariners for the purpose of enforcement of this temporary security 
zone. Also, Sector Boston will notify the public to the greatest extent 
possible of any period in which the Coast Guard will suspend 
enforcement of this security zone.
    (e) COTP Representative. The COTP's representative may be any Coast 
Guard commissioned, warrant, or petty officer or any Federal, state, or 
local law enforcement officer who has been designated by the COTP to 
act on the COTP's behalf. The COTP's representative may be on a Coast 
Guard vessel, a Coast Guard Auxiliary vessel, a state or local law 
enforcement vessel, or a location on shore.

    Dated: December 22, 2014.
J.C. O'Connor III,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2015-00327 Filed 1-14-15; 8:45 am]
BILLING CODE 9110-04-P