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Safety and Security Zones; High Interest Vessels--Boston Harbor, Weymouth Fore River, and Salem Harbor, Massachusetts
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: January 18, 2002 (Volume 67, Number 13)]
[Proposed Rules]
[Page 2614-2616]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ja02-13]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-01-227]
RIN 2115-AA97
Safety and Security Zones; High Interest Vessels--Boston Harbor,
Weymouth Fore River, and Salem Harbor, Massachusetts
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rule making.
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SUMMARY: The Coast Guard proposes to establish safety and security
zones for vessels determined to be high interest vessels (HIVs) by the
Captain of the Port (COTP), Boston. The safety and security zones would
close all waters of Boston Harbor, the Weymouth Fore River Channel, and
Salem Harbor 1000 yards ahead and astern and 200 yards on each side of
an HIV in transit or at anchor. The zones will prohibit entry into or
movement within this portion of the COTP Boston zone without Captain of
the Port authorization. These safety and security zones are needed to
safeguard the vessels, the public, and the surrounding area from
sabotage or other subversive acts, accidents, or other events of a
similar nature.
DATES: Comments and related material must reach the Coast Guard on or
before February 28, 2002. The public meeting will be held on February
20, 2002 from 11 a.m. to 1 p.m. Further public meetings will be
scheduled if necessary.
ADDRESSES: You may mail comments and related material to Marine Safety
Office Boston, 455 Commercial Street, Boston, MA. Marine Safety Office
Boston maintains the public docket for this rulemaking. Comments and
materials 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 the hours of 8 a.m. and 3 p.m., Monday through
Friday, except Federal holidays. The public meeting will be held at the
Black Falcon Cruise Terminal, located at One Black Falcon Avenue
Boston, Massachusetts.
FOR FURTHER INFORMATION CONTACT: LT Dave Sherry, Marine Safety Office
Boston, Maritime Security Operations Division, at (617) 223-3067.
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 (CGD01-01-
227), 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
The Coast Guard plans to hold a public meeting within the comment
period on February 20, 2002 from 11 a.m. to 1 p.m. at the Black Falcon
Cruise Terminal, located at One Black Falcon Avenue Boston,
Massachusetts, to discuss the proposed high interest vessel security
zones. This date coincide with the monthly Port Operators Group
meeting, which provides the best forum to discuss the proposed
rulemaking. For information regarding this meeting contact LT Dave
Sherry at the address listed under ADDRESSES. If you wish to hold
additional meetings, you may contact LT Dave Sherry with a request in
writing explaining why one would be beneficial. If we determine an
additional meeting would aid in this rulemaking, we will extend the
comment period and hold one at a time and place announced by a later
notice in the Federal Register. Those who wish to comment on the
proposed rulemaking but cannot attend the public meeting may submit
written comments to LT Dave Sherry at the address listed under
ADDRESSES.
Background and Purpose
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 are likely. Due to these heightened security
concerns, safety and security zones are prudent for vessels which may
be likely targets of terrorist acts. This regulation proposes to
establish safety and security zones for high interest vessels (HIVs).
These zones would close all waters of Boston Harbor, the Weymouth Fore
River Channel, and Salem Harbor 1000 yards ahead and astern, and 200
yards on each side of an HIV in transit or at anchor.
For the purposes of this rule, high interest vessels operating in
Boston Harbor, Salem Harbor or the Weymouth Fore River, include the
following: Barges or ships carrying gasoline, chlorine, anhydrous
ammonia, or any other bulk hazardous chemicals or other cargo deemed to
be high interest by the Captain of the Port; passenger vessels; or any
other vessels deemed to be of high interest by the Captain of the Port,
Boston under the circumstances. For purposes of this rule, neither
small passenger vessels regulated by 33 Code of Federal Regulations,
subchapter T, nor liquefied natural gas carrier vessels will be
considered HIVs.
Whether a vessel is considered high interest is determined by the
Captain of the Port (COTP) Boston based on the potential threat posed
by the vessel to the safety and/or security to the maritime community,
the crews or passengers of the HIVs, and the surrounding communities
from subversive or terrorist attack.
These proposed safety and security zones would prohibit entry into
or movement in all waters 1000 yards ahead or astern, and 200 yards on
each side of any HIV in the following waters of the Boston Captain of
the Port Zone: (1) All waters of Boston Inner Harbor,
[[Page 2615]]
including the waters of 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) in Salem Inner Harbor, all
waters 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; and (3) 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 deg.55'19"W 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.
The safety and security zones are necessary to protect the HIVs,
their crews and/or passengers, others in the maritime community, and
the surrounding communities from subversive or terrorist attack against
a vessel which could, by the nature of its cargo or the destructive
capability of the vessel structure itself, potentially cause serious
negative impact to vessels, the port, or the environment. Safety and
security zones are necessary to protect passenger vessels due to the
their potential as a target of subversive or terrorist attack from the
water, which could result in numerous casualties.
The Captain of the Port anticipates some impact on vessel traffic
due to this proposed regulation. However, the safety and security zones
are deemed necessary for the protection of life and property within the
COTP Boston zone. Public notifications will be made prior to the
effective period via local notice to mariners and marine information
broadcasts.
No person or vessel may enter or remain in a prescribed safety or
security zone at any time without the permission of the Captain of the
Port. Each person or vessel in a safety or 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.
Any violation of any safety or security zone proposed 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. This regulation is proposed
under the authority contained in 50 U.S.C. 191, 33 U.S.C. 1223, 1225
and 1226.
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 Transportation (DOT) (44 FR 11040,
February 26, 1979).
The Coast Guard expects the economic impact of this proposed rule
to be so minimal that a full Regulatory Evaluation under paragraph 10e
of the regulatory policies and procedures of DOT is unnecessary.
Although this proposed regulation will prevent traffic from
transiting a portion of Boston Harbor, the Weymouth Fore River Channel,
and Salem Harbor during HIV operations, the effect of this regulation
will not be significant due to the minimal time that vessels will be
restricted from the area, vessels can pass safely around 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 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 will not have a significant economic impact on a substantial
number of small entities. This proposed 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 Boston
Harbor, the Weymouth Fore River Channel, and Salem Harbor during HIV
operations. This proposed rule will not have a significant economic
impact on a substantial number of small entities because the zone is
limited in duration, vessels can pass safely around the zones, and the
Coast Guard will issue marine information broadcasts before the
effective period widely available to users of the harbor.
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 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), the Coast Guard wants 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 LT Dave Sherry at
the address listed under ADDRESSES.
Collection of Information
This proposed rule calls 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 proposed 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's having first provided the funds to pay
those costs. This proposed rule would not impose an unfunded mandate.
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.
[[Page 2616]]
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
The Coast Guard analyzed this proposed rule under Executive Order
13045, Protection of Children from Environmental Health Risks and
Safety Risks. This proposed rule is not an economically significant
rule and does not pose 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. 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
proposed rule and concluded that, under figure 2-1, (34)(g), of
Commandant Instruction M16475.lD, this proposed 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 safety, Navigation (water), Reporting and
recordkeeping requirements, Security 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. 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. Add Sec. 165.114 to read as follows:
Sec. 165.114 Safety and Security Zones: High Interest Vessel-Boston
Harbor, Weymouth fore River, and Salem Harbor, Massachusetts.
(a) Location. The following waters within the Boston Captain of the
Port Zone 1000 yards ahead and astern, and 200 yards on each side of
any High Interest vessel are established as safety and security zones:
(1) All waters of Boston Inner Harbor, including the waters of 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) in Salem Inner Harbor, all waters 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; and (3) 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 deg.55'19"W 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) High interest vessels. For the purposes of this rule, high
interest vessels operating in Boston Harbor, Salem Harbor or the
Weymouth Fore River, include the following: barges or ships carrying
gasoline, chlorine, anhydrous ammonia, or any other bulk hazardous
chemicals or other cargo deemed to be high interest by the Captain of
the Port; passenger vessels; or any other vessels deemed to be of high
interest by the Captain of the Port, Boston under the circumstances.
For purposes of this rule, neither small passenger vessels regulated by
33 CFR, chapter 1, subchapter T, nor liquefied natural gas carrier
vessels will be considered HIVs
(c) Regulations.
(1) In accordance with the general regulations in Secs. 165.23 and
165.33, entry into or movement within this zone will be 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.
Dated: January 9, 2002.
B.M. Salerno,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 02-1358 Filed 1-15-02; 3:13 pm]
BILLING CODE 4910-15-U