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Anchorages, Regulated Navigation Areas, Safety and Security Zones; Boston Marine Inspection Zone and Captain of the Port Zone
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: September 27, 2001 (Volume 66, Number 188)]
[Rules and Regulations]
[Page 49280-49284]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27se01-9]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Parts 110 and 165
[CGD01-01-162]
RIN 2115-AA84, 2115-AA97, and 2115-AA98
Anchorages, Regulated Navigation Areas, Safety and Security
Zones; 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 three temporary Regulated
Navigation Areas (RNAs) and one
[[Page 49281]]
temporary Anchorage Ground for certain vessels over 300 gross tons
operating within the Boston Marine Inspection Zone and Captain of the
Port Zone. This action is necessary to ensure public safety and prevent
sabotage or terrorist acts. The rule will regulate the circumstances
under which certain vessels may enter, transit or operate within Boston
Harbor, Salem Harbor and Weymouth Fore River Channel and establish a
temporary Massachusetts Bay Anchorage Ground for certain vessels
awaiting the Captain of the Port's permission to enter the Regulated
Navigation Areas. This rule also establishes five safety and security
zones excluding all vessels from waterfront facilities and other areas
within the Captain of the Port Zone at high risk from sabotage and
terrorist acts.
DATES: This rule is effective from September 18, 2001 until March 16,
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: Lieutenant (junior grade) Dave Sherry,
Marine Safety Office Boston, Waterways Management Division, at (617)
223-3000.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), 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. This rulemaking is
urgently required to prevent future terrorist strikes 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 may render individuals, vessels and
facilities within and adjacent to the Boston Marine Inspection Zone and
Captain of the Port Zone vulnerable to subversive activity, sabotage or
terrorist attack.
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 future terrorist attack against
individuals, vessels and waterfront facilities within or adjacent to
the Boston Marine Inspection Zone and Captain of the Port Zone.
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.
Background and Purpose
On September 11, 2001, terrorists launched attacks on civilian and
military targets within the United States killing large numbers of
people and damaging properties of national significance. Vessels
operating within the Boston Marine Inspection Zone and Captain of the
Port Zone present possible targets of terrorist attack or platforms
from which terrorist attacks may be launched upon other vessels,
waterfront facilities and adjacent population centers. The Coast Guard
has established a temporary anchorage ground on Massachusetts Bay and
Regulated Navigation Areas within the waters of Boston Harbor, Salem
Harbor and Weymouth Fore River Channel, as part of a comprehensive,
port security regime designed to safeguard human life, vessels and
waterfront facilities from sabotage or terrorist acts. The Captain of
the Port will determine the threat posed by and to affected vessels
before they are allowed to enter the Regulated Navigation Areas and may
establish conditions under which they are allowed to enter, transit or
operate within those areas. Prior to the determination of whether and
under what conditions a vessel may enter, transit or operate within the
Regulated Navigation Areas, vessels may be directed by the Captain of
the Port to temporarily anchor in the temporary anchorage area
established in Massachusetts Bay. In addition, the Coast Guard has
established five (5) safety and security zones having identical
boundaries, which restrict entry into or movement within portions of
Boston Inner Harbor, Salem Harbor and Plymouth Bay.
Regulated Navigation Area and Anchorage Area
The rule establishes three Regulated Navigation Areas (RNAs)
comprised of the waters within Boston Inner Harbor, Salem Inner Harbor
and the Weymouth Fore River Channel, respectively. Towing vessels,
tankers, tug and barge combinations, research vessels, container, dry
bulk ships and passenger ships over 300 gross tons are required to
obtain authorization from the Captain of the Port before entering any
of these RNAs. The rule does not apply to commuter ferries,
recreational boats or commercial fishing vessels.
In order to obtain authorization, a vessel subject to this rule is
required to submit a ``Notice of Arrival'' information sheet and its
crew list to Coast Guard Marine Safety Office Boston at least 24 hours
in advance of its intended entry into an RNA. In addition, it will be
required to undergo an inspection to the satisfaction of the Captain of
the Port. Vessels awaiting Captain of the Port inspection or
authorization will be directed to anchor in the Massachusetts Bay
Anchorage Grounds established by this rule. Vessels to which this rule
is applicable must also receive approval prior to leaving the port.
Vessels will be required to notify the Captain of the Port of any
changes in crew while in Port prior to receiving authorization to
depart any of the Regulated Navigation Areas.
The Captain of the Port may authorize a vessel subject to this rule
to enter an RNA under such circumstances and conditions as he deems
appropriate to minimize the threat of injury to the vessel, the port,
waterfront facilities or adjacent population centers resulting from
sabotage or terrorist acts launched against or from the vessel.
Violations of the RNA regulations are punishable by civil penalties
(not to exceed $25,000 per violation), criminal penalties (imprisonment
for not more than 6 years and a fine of not more than $250,000) and in
rem liability against the offending vessel.
Safety and Security Zones
The rule also establishes five distinct safety and security zones
having identical boundaries. Four of these zones are being established
by reference to a radius around a particular coordinate or easily
identifiable landmark. One zone is being established by reference to
readily identifiable boundaries. All of the zones are being established
in order to protect the waterfront facilities, terminals, power plants,
as well as persons and vessels from subversive or terrorist acts.
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
[[Page 49282]]
order of the Captain of the Port. The Captain of the Port may take
possession and control of any vessel in a safety and 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.
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
While this rule may be later determined to be a significant
regulatory action under section 3(f) of Executive Order 12866,
requiring further analysis of potential costs and benefits under
section 6(a)(3) of that order, immediate implementation of this rule is
necessary to ensure the safety and security of the Port and, as such,
must be made without the requisite, prior administrative finding. The
Office of Management and Budget has not reviewed it under that order.
It may, or may not, be significant under the regulatory policies and
procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). However, the sizes of the zones are the minimum
necessary to provide adequate protection for the public, vessels, and
vessel crews. Any vessels seeking entry into or movement within the
safety and security zones must request permission from the Captain of
the Port or his authorized patrol representative. Any hardships
experienced by persons or vessels are considered minimal compared to
the national interest in protecting the public, vessels, and vessel
crews from the further devastating consequences of the aforementioned
acts of terrorism, and from potential future sabotage or other
subversive acts, accidents, or other causes of a similar nature.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard has not yet determined whether this proposal will have a
significant economic impact on a substantial number of small entities.
The term ``small entities'' comprises small businesses and 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 is not presently able
to certify under section 605(b) of the Regulatory Flexibility Act (5
U.S.C. 601, et seq.) that this final rule will not have a significant
economic impact on a substantial number of small entities. However,
given the continued risk and potential damage to the national security
interests of the United States, in addition to the need to protect and
safeguard innocent civilians within and near the port, it is necessary
to implement this regulation before said analysis may be fully
accomplished. Maritime advisories will be initiated by normal methods
and means and will be widely available to users of the area.
Assistance for Small Entities
Under subsection 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 [Pub. L. 104-121], the Coast Guard
wants to assist small entities in understanding this final rule so that
they can better evaluate its effects on them and participate in the
rulemaking. If your small business or organization would be affected by
this final rule and you have questions concerning its provisions or
options for compliance, please call Lieutenant (junior grade) Dave
Sherry, Marine Safety Office Boston, 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 wish to comment 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.
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 rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will 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
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.
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.
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
[[Page 49283]]
does not require a Statement of Energy Effects under Executive Order
13211.
Environment
We have considered the environmental impact of this rule and
concluded that under figure 2-1, paragraph 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 for inspection or copying where indicated
under ADDRESSES.
List of Subjects
33 CFR Part 110
Anchorage Grounds.
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 parts 110 and 165 as follows:
PART 110--ANCHORAGE REGULATIONS
1. The authority citation for part 110 continues to read as
follows:
Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071;
49 CFR 1.46 and 33 CFR 1.05-1(g).
2. Add temporary Sec. 110.T01-162 to read as follows:
Sec. 110.T01-162 Anchorage Grounds: Massachusetts Bay.
(a) Anchorage grounds. The waters of Massachusetts Bay enclosed by
a line beginning at position 42 deg.30'00"N, 070 deg.32'00"W and
running east to position 42 deg.30'00"N, 070 deg.25'00"W; thence
running south to position 42 deg.23'00"N, 070 deg.25'00"W; thence
running west to position 42 deg.23'00"N, 070 deg.32'00" and thence
running north back to the beginning position.
(b) Effective dates. This regulation is effective from September
18, 2001 until March 16, 2002.
(c) Regulations. (1) The Massachusetts Bay Anchorage Grounds are
reserved for vessels over 300 gross tons which have been directed to
the anchorage grounds while awaiting the Captain of the Port's
authorization to enter Regulated Navigation Areas comprised of the
waters within Boston Inner Harbor, Salem Inner Harbor or Weymouth Fore
River Channel.
(2) Vessels anchored in this area shall move promptly upon
notification by the Captain of the Port.
(3) When directed to enter the anchorage by the Captain of the
Port, vessels shall do so at safe speed in accordance with the
applicable navigation rules.
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
3. 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.
4. Add temporary Sec. 165.T01-162 to read as follows:
Sec. 165.T01-162 Regulated Navigation Area: Boston Marine Inspection
Zone and Captain of the Port Zone.
(a) Regulated navigation area. The following waters within the
boundaries of the Boston Marine Inspection Zone and Captain of the Port
Zone are established as Regulated Navigation Areas:
(1) Regulated Navigation Area A. All waters of the Boston Inner
Harbor, including the Mystic River, Chelsea River, and Reserved Channel
west of a line running from Deer Island Light at position 42 deg.20'-
25"N, 070 deg.57'-15"W to Long Island at position 42 deg.19'-48"N,
070 deg.57'-15"W, and west of the Long Island Bridge, running from Long
Island to Moon Head.
(2) Regulated Navigation Area B. All waters of the Salem Inner
Harbor southwest of a line running from Juniper Point at position
42 deg.32'-02"N, 070 deg.51'-52" W and Fluen Point at position
42 deg.31'-16"N, 070 deg.51'-12"W.
(3) Regulated Navigation Area C. All waters of the Weymouth Fore
River Channel, Hingham Bay and Hull Bay, south of a line running from
Windmill Point at position 42 deg.18'-14"N, 070-55'-19" to Peddocks
Island at position 42 deg.18'-10"N, 070 deg.55'-38"W and a east of a
line running across West Gut from West Head at position 42 deg.17'-
13"N, 070 deg.56'-55"W and Nut Island at position 42 deg.16'-48"N,
070 deg.57'-15"W.
(b) Applicability. This section applies to all towing vessels,
tankers, tug and barge combinations, research vessels, container and
dry bulk vessels, and passenger ships over 300 gross tons. It does not
apply to commuter boats, recreational boats or commercial fishing
vessels.
(c) Effective dates. This section is effective from September 18,
2001 until March 16, 2002.
(d) Regulations. (1) Any vessel intending to enter, transit or
operate within the Regulated Navigation Areas is required to submit its
crew list and a ``Notice of Arrival'' information sheet to the Captain
of the Port at Coast Guard Marine Safety Office Boston no less than 24
hours in advance of the vessel's intended port call. ``Notice of
Arrival'' information sheets may be obtained from Marine Safety Office
Boston. Requests for and submission of forms may be made via facsimile
machine number (617) 223-3032.
(2) Any vessel intending to transit, operate within, or leave the
Regulated Navigation Areas is required to submit a notification of any
change of crew that occurred while in port, if any, including a list of
old and new crew members, and the names, nationality, and passport
numbers of any crew who have left the vessel.
(3) Vessels must be inspected to the satisfaction of the United
States Coast Guard and obtain authorization from the Captain of the
Port before entering the Regulated Navigation Areas.
(4) Vessels awaiting inspection or Captain of the Port
authorization to enter Regulated Navigation Areas will anchor in the
Massachusetts Bay Anchorage Ground.
5. Add temporary deg.165.T01-171 to read as follows:
Sec. 165.T01-171 Safety and Security Zones: Boston Marine Inspection
Zone and Captain of the Port Zone.
(a) Safety and security zones. The following are established as
safety and security zones:
(1) All waters of the Mystic River within a five hundred (500) yard
radius of the Distrigas terminal pier in Everett, MA.
(2) All waters of Boston Harbor, including the Reserved Channel,
west of a line connecting the Southeastern tip of the North Jetty and
the Northeastern corner of the Paul W. Conley Marine Terminal pier.
(3) All waters of Boston Inner Harbor within a two hundred (200)
yard radius of Pier 2 at the Coast Guard Integrated Support Command
Boston, Boston, MA.
(4) All waters of Plymouth Bay within a five hundred (500) yard
radius of the cooling water discharge canal at the Pilgrim Nuclear
Power Plant, Plymouth, MA.
(5) All waters of Salem Harbor within a five hundred (500) yard
radius of the PG & E U.S. Generating power plant pier in Salem, MA.
(b) Effective dates. This section is effective from September 18,
2001 until March 16, 2002.
(c) Regulations. (1) The general regulations contained in 33 CFR
165.23 and 165.33 apply.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the
[[Page 49284]]
designated on-scene-patrol personnel. These personnel comprise
commissioned, warrant, and petty officers of the Coast Guard. Upon
being hailed by a U. S. Coast Guard vessel by siren, radio, flashing
light, or other means, the operator of a vessel shall proceed as
directed.
Dated: September 18, 2001.
G.N. Naccara,
Rear Admiral, U.S. Coast Guard, District Commander.
[FR Doc. 01-24236 Filed 9-26-01; 8:45 am]
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