Safety and Security Zones; Liquid Natural Gas Carrier Transits
and Anchorage Operations, Boston, Marine Inspection Zone and Captain of
the Port Zone
[Federal Register: November 30, 2001 (Volume 66, Number 231)]
[Rules and Regulations]
[Page 59696-59698]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30no01-16]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-01-214]
RIN 2115-AA97
Safety and Security Zones; Liquid Natural Gas Carrier Transits
and Anchorage Operations, Boston, Marine Inspection Zone and Captain of
the Port Zone
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary safety and security
zones for Liquid Natural Gas Carrier (LNGC) vessels within the Boston
Marine Inspection Zone and Captain of the Port Zone. These safety and
security zones will temporarily close all waters within a 500-yard
radius of all LNGC vessels anchored in Broad Sound and while moored at
the Distrigas waterfront facility in the Mystic River, Everett
Massachusetts. These safety and security zones also temporarily close
all navigable waters and internal waters of the United States within
the Boston Marine Inspection Zone and Captain of the Port Zone, two
miles ahead and one mile astern, and 1000-yards on each side of any
LNGC vessel anytime a vessel is within the internal waters of the
United States and out to 12 nautical miles. Entry into or movement
within these zones is prohibited without prior authorization from the
Captain of the Port. These zones are needed to safeguard the LNGC
vessels, 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 a large tank vessel.
DATES: This rule is effective from 12:01 a.m. November 13, 2001, until
11:59 p.m. June 15, 2002.
ADDRESSES: Documents as 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: Chief Petty Officer Michael Popovich,
Marine Safety Office Boston, Waterways Safety & Response Division, at
(617) 223-3000.
SUPPLEMENTARY INFORMATION:
Regulatory History
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553, the Coast Guard finds that good cause
exists for not publishing an NPRM. On September 11, 2001, two
commercial aircraft were hijacked from Logan Airport in Boston,
Massachusetts and flown into the World Trade Center in New York, New
York inflicting catastrophic human casualties and property damage. A
similar attack was conducted on the Pentagon on the same day. National
security and intelligence officials warn that future terrorist attacks
against civilian targets may be anticipated. Due to the flammable
nature of the Liquid Natural Gas Carrier (LNGC) vessel cargo, this
rulemaking is urgently required to prevent possible terrorist strikes
against LNGC vessels within and adjacent to waters within the Boston
Marine Inspection Zone and Captain of the Port Zone. The delay inherent
in the NPRM process is contrary to the public interest insofar as it
would render LNGC vessels transiting the port of Boston vulnerable to
subversive activity, sabotage or terrorist attack, and immediate action
is necessary to protect persons, vessels and others in the maritime
community from the hazards associated with the transit and limited
maneuverability of a large tank vessel.
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. The measures contemplated by the
rule are intended to prevent possible terrorist attacks against LNGC
vessels, and to protect other vessels, waterfront facilities, the
public and the port of Boston from potential sabotage or other
subversive acts, accidents or other causes of a similar nature. In
addition, the zones protect persons, vessels and others in the maritime
community from the hazards associated with the transit and limited
maneuverability of a large tank vessel. Immediate action is required to
accomplish these objectives. Any delay in the effective date of this
rule is impracticable and contrary to the public interest. These zones
should have minimal impact on the users of the Boston Marine Inspection
Zone and Captain of the Port Zone, Boston Harbor and Broad Sound as
LNGC vessel transits are infrequent, vessels have ample water to
transit around the zones while at anchor in Broad Sound, the zones
established while the vessel is transiting are moving safety and
security zones, allowing vessels to transit ahead, behind or after
passage of an LNGC vessel, and public notifications will be made prior
to an LNGC transit via local notice to mariners and marine information
broadcasts.
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 LNGC vessels, 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 large tank vessel. These
safety and security zones prohibit entry into or movement within the
specified areas.
This rulemaking establishes safety and security zones in a radius
around LNGC vessels while the vessels are anchored in Broad Sound, and
while moored at the Distrigas waterfront facility. It also creates a
moving safety zone any time an LNGC vessel is within Boston Marine
Inspection Zone and Captain of the Port Zone, as defined in 33 CFR
3.05-10, in the internal waters of the United States and the navigable
waters of the United States. Under the Ports and Waterways Safety Act
(PWSA), navigable waters of the United States includes 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 baselines of the United States
determined in accordance with international law. This regulation
establishes safety and security zones with identical boundaries
covering the following areas of the Boston Marine Inspection Zone and
Captain of the Port Zone: (1) 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; all waters within a 500-yard radius of any anchored
Liquid Natural Gas Carrier; (2) all waters within a 500-yard radius of
any LNGC vessel moored at the DISTRIGAS Facility, in Everett,
Massachusetts; (3) Except as provided in sections (1) and (2) above, in
the internal waters of the United States and the navigable waters of
the United States, as defined by 33 U.S.C. 1222(5), that are within the
Boston Marine Inspection Zone and Captain of the Port
[[Page 59697]]
Zone, as defined in 33 CFR 3.05-10, two miles ahead and one mile
astern, and 1000-yards on each side of any LNGC vessel.
This rulemaking also temporarily suspends a safety zone for
liquefied natural gas tank vessel (LNG) transits into Boston Harbor,
located at 33 CFR 165.110(a). 33 CFR 165.110 establishes a safety zone
bounded by the limits of the Boston Main Ship Channel and extending two
miles ahead and one mile astern of a loaded LNG vessel transiting the
Boston North Channel and Boston Harbor. That safety zone ends when the
vessel reaches the Distrigas waterfront facility in the Mystic River,
Everett, Massachusetts. Section 165.110 also establishes a safety zone
extending 150-feet around a loaded LNG vessel while the vessel is
alongside the Distrigas facility, and the vessel remains in a loaded
condition or is transferring liquefied natural gas. Section 165.110
recognizes the safety concerns with transits of large tank 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 would have on the port of Boston and
surrounding areas, increased protection of these vessels is necessary.
In comparison to 33 CFR 165.110, this rulemaking provides increased
protection for LNGC vessels as follows: It establishes safety and
security zones around LNGC vessels anchored in Broad Sound; it
increases protection for LNGC vessels moored at the Distrigas facility
from 150-feet to 500-yards around a vessel; and it provides continuous
protection for LNGC vessels 2 miles ahead, 1 mile astern, and 1000-
yards on each side of LNGC vessels anytime a vessel is within the
internal waters of the United States and out to 12 nautical miles,
seaward from the baselines of the United States, as determined by
international law, within the Boston Marine Inspection Zone and Captain
of the Port 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. The increased protection provided in this
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 rulemaking establishes safety and security zones around any
LNGC vessels, loaded or unloaded, while anchored in Broad Sound, moored
at the Distrigas facility, 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/security hazard. 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 large tank
vessel.
No person or vessel may enter or remain in the prescribed 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 shall
obey any direction or order of the Captain of the Port. The Captain of
the Port 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 Captain of the Port. These regulations are issued under
authority contained in 50 U.S.C. 191, 33 U.S.C. 1223, 1225 and 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 $100,000), 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 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 so
minimal that a full Regulatory Evaluation under paragraph 10e of the
regulatory policies and procedures of DOT is unnecessary.
The effect of this regulation will not be significant for several
reasons: the minimal time that vessels will be restricted from the
areas, there is ample room for vessels to navigate around the zones in
Broad Sound and, in most portions of the navigable waters of the United
States, vessels can transit ahead, behind, and after passage of LNGC
vessels, 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 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 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, 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 would be affected by this rule and you
have questions concerning its provisions or options for compliance,
please call Chief Petty Officer Michael Popovich, telephone (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 wish to
comments on actions by employees of the Coast Guard, call 1-888-REG-
FAIR (1-888-734-3247).
[[Page 59698]]
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 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 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 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.
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.
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 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, 160.5; 49 CFR 1.46.
2. From 12:01 a.m. November 13, 2001 until 11:59 p.m. June 15,
2002, suspend Sec. 165.110.
3. From 12:01 a.m. November 13, 2001 until 11:59 p.m. June 15, 2002
temporarily add Sec. 165.T01-214 to read as follows:
Sec. 165.T01-214 Safety and Security Zone: Liquid Natural Gas Carrier
Transits and Anchorage Operations, Boston, Massachusetts.
(a) Location. The following areas are safety and security zones:
(1) 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;
all waters within a 500-yard radius of any anchored Liquid Natural Gas
Carrier (LNGC) vessel;
(2) All waters of the Mystic River within a 500-yard radius of any
LNGC vessel moored at the Distrigas Facility, Everett, Massachusetts;
(3) Except as provided in paragraphs (1) and (2) of this section,
in the internal waters of the United States and the navigable waters of
the United States, as defined by 33 U.S.C. 1222(5), that are within the
Boston Marine Inspection Zone and Captain of the Port Zone, as defined
in 33 CFR 3.05-10, two miles ahead and one mile astern, and 1000-yards
on each side of any LNGC vessel.
(b) Effective period. This section is effective from 12:01 a.m.
November 13, 2001, until 11:59 p.m. June 15, 2001.
(c) Regulations.
(1) In accordance with the general regulations in Secs. 165.23 and
165.33 of this part, entry into or movement within this zone is
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.
(3) No person may enter the waters within the boundaries of the
safety and security zones unless previously authorized by the Captain
of the Port, Boston or his authorized patrol representative.
Dated: November 13, 2001.
B. M. Salerno,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 01-29761 Filed 11-29-01; 8:45 am]
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