[Federal Register: May 21, 2004 (Volume 69, Number 99)]
[Proposed Rules]
[Page 29246-29250]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21my04-29]
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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
[[Page 29249]]
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]
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