[Federal Register Volume 79, Number 224 (Thursday, November 20, 2014)]
[Proposed Rules]
[Pages 69078-69082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27160]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2014-0246]
RIN 1625-AA87
Security Zone, John Joseph Moakley United States Courthouse,
Boston, MA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The United States Coast Guard proposes to establish a
permanent 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 permanent security
zone during high profile court proceedings at the Moakley Courthouse is
necessary to protect people, property, and the port of Boston from
subversive acts.
DATES: Comments and related material must be received by the Coast
Guard on or before December 22, 2014.
Requests for public meetings must be received by the Coast Guard on
or before December 1, 2014.
ADDRESSES: You may submit comments identified by docket number USCG-
2014-0246 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West
[[Page 69079]]
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590-0001. Deliveries accepted between 9 a.m. and 5
p.m., Monday through Friday, except federal holidays. The telephone
number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
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.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
CFR Code of Federal Regulations
COTP Captain of the Port
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2014-0246), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online at http://www.regulations.gov, or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via www.regulations.gov, it will be considered received
by the Coast Guard when you successfully transmit the comment. If you
fax, hand deliver, or mail your comment, it will be considered as
having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an email address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
type the docket number (USCG-2014-0246) in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2014-0246) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
B. Regulatory History and Information
In previous years, the U.S. Coast Guard has received requests from
federal and state law enforcement agencies to establish a temporary
security zone in the vicinity of the John Joseph Moakley United States
Courthouse on a case-by-case basis to facilitate the security and
safety of persons and property during high profile court proceedings.
The Coast Guard now proposes to create a permanent rule that will
create a permanent security zone in the vicinity of the courthouse to
be enforced on a case-by-case basis at the discretion of the COTP.
C. 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, and
160.5; Public Law 107-295, 116 Stat. 2064; and Department of Homeland
Security Delegation No. 0170.1, which collectively authorize the Coast
Guard to establish security zones.
The John Joseph Moakley United States Courthouse houses the United
States Court of Appeals for the First Circuit, the United States
District Court for the District of Massachusetts, and the United States
Attorney's Office for the District of Massachusetts. Consequently, high
profile events and court proceedings, such as the ongoing prosecution
related to the Boston Marathon bombing, often take place at the Moakley
Courthouse, resulting in a heightened security posture. With this in
mind, the Captain of the Port, Sector Boston, has determined that a
security zone is necessary to better protect and secure persons and
property during high profile court proceedings and events.
Establishing a security zone on an ad hoc basis is administratively
cumbersome and reduces the opportunity for public participation in the
development of the rule. Thus, to lessen administrative overhead and to
maximize public participation, this rule proposes to establish a
security zone near the courthouse that will remain in effect
permanently but will be enforced only when deemed necessary by the
COTP. This permanent security zone will be published in Title 33 Code
of Federal Regulations (CFR) Part 165.
D. Discussion of Rule
For the reasons explained above, the COTP Boston proposes to
establish a security zone encompassing 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
[[Page 69080]]
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.
------------------------------------------------------------------------
While this proposed security zone is being enforced, no person or
vessel may enter or remain in it without the permission of the COTP.
However, the COTP proposes to grant standing permission to enter the
security zone to any vessel that goes no faster than that speed
necessary to maintain a safe course, unless otherwise required by
Navigation Rules and as long as such vessels remain beyond two hundred
and fifty (250) yards of the Moakley Courthouse. Under certain
circumstances and depending on security needs of a given situation, the
COTP may predetermine before an enforcement period begins to make these
standing conditions of entry less restrictive.
Regardless of the conditions of entry, any person or vessel
permitted to enter the security zone must comply with the directions
and orders of the COTP or the COTP's representative while said person
or vessel is within the five-hundred (500) yard zone. To obtain the
permissions required by this proposed regulation, individuals may reach
the COTP or the COTP's representative via VHF channel 16 or 617-223-
5757 (Sector Boston Command Center) to obtain permission.
This proposed security zone will be in effect permanently but will
only be enforced when deemed necessary by the COTP. Anyone, including
members of federal or state law enforcement agencies, may request that
this security zone be enforced. The COTP will notify the public of the
enforcement of this security zone by publishing a Notice of Enforcement
(NOE) in the Federal Register and via the other means listed in 33 CFR
165.7. Such notifications will include the date and times of
enforcement, along with any pre-determined conditions of entry.
E. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on these statutes or executive orders.
1. Regulatory Planning and Review
This proposed 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 these Orders.
The Coast Guard expects minimal adverse impact on mariners from
this security zone's enforcement for the following reasons. First, the
security zone is expected to be enforced only a few weeks at a time and
on only a few occasions per year. Second, the minimum speed necessary
to maintain a safe steerageway, within five hundred (500) yards of the
Moakley Courthouse closely mirrors the City of Boston's six (6) knots
speed restrictions for Boston Inner Harbor. Third, the Coast Guard
designed the security zone to have as minimal geographical application
as possible and will permit traffic in the Fort Point Channel via law
enforcement vessel escort. While water taxis servicing the Harbor Dock
on the premises of the Moakley Courthouse may be impacted during an
enforcement period, such impact should be minimal as the Harbor Dock at
the courthouse will likely be shutdown during high profile events, and
if not, the COTP is expected to permit vessels to enter via law
enforcement vessel escort. Though the regular schedule commuter ferries
that service Rowes Wharf will also have to transit through the two
hundred and fifty (250) yard security zone, it is expected that the
COTP will authorize them permission to transit through upon initial
notification to the COTP or the designated on-scene representative.
Fourth, mariners may pass through the security zone with authorization
from the COTP or the designated on-scene representative. Finally, as
mentioned previously, the Coast Guard will provide advance notification
to the public anytime it intends to enforce the security zone. Such
notification will be made in advance through an NOE published in the
Federal Register and also through the local Notice to Mariners and
Broadcast Notice to Mariners.
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 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. REGULATORY PLANNING AND REVIEW section, the Coast Guard
certifies under 5 U.S.C. 605(b) that this rule would not have a
significant economic impact on a substantial number of small entities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
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.
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 would 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. The Coast Guard will not retaliate against small entities that
question or complain about this rule or any policy or action of the
Coast Guard.
4. Collection of Information
This proposed rule will not call for a 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 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 proposed rule under that Order and
determined that it 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
[[Page 69081]]
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 proposed rule will not
result in such expenditure, we do discuss the effects of this proposed
rule elsewhere in this preamble.
8. Taking of Private Property
This proposed 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 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.
10. Protection of Children From Environmental Health Risks
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.
11. Indian Tribal Governments
This proposed 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 proposed rule 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed 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 made a preliminary determination that this action may be one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment.
This proposed rule involves the establishment of a security zone
and thus, may be categorically excluded from further review under
paragraph (34)(g) of Figure 2-1 of the Commandant Instruction. A
preliminary environmental analysis checklist supporting this
determination will be 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 proposed
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 proposes
to amend 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. 165.120 to read as follows:
Sec. 165.120 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 from: 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 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 two hundred
and fifty (250) yards of the Moakley Courthouse and as long as such
vessels go no faster than that speed necessary to maintain a safe
course, unless otherwise required by the Navigation Rules. Under
certain circumstances and depending on security needs of a given
situation, the COTP may predetermine before an enforcement period
begins to make these entry conditions less restrictive.
(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 two hundred and fifty (250) yards of the Moakley
Courthouse under any conditions unless given express permission from
the COTP or the COTP's designated representative. As mentioned in the
preceding paragraph, the COTP may chose before an enforcement period
begins to make this entry condition less restrictive. In other words,
the COTP may predetermine that vessels allowed to conditionally enter
the security zone may come closer to the courthouse than the two
hundred and fifty (250) yards mentioned above.
(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
representative. 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 representative.
(4) To obtain permissions required by this regulation, individuals
may reach the COTP or the COTP's 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
[[Page 69082]]
forth in 33 U.S.C. 1232 and 50 U.S.C. 192.
(c) Effective and enforcement period. This security zone is in
effect permanently but will only be enforced when deemed necessary by
the COTP. Anyone, including members of federal or state law enforcement
agencies, may request that this security zone be enforced.
(d) Notification. The COTP will notify the public of the
enforcement of this security zone by publishing a Notice of Enforcement
(NOE) in the Federal Register and via the other means listed in 33 CFR
165.7. Such notifications will include the date and times of
enforcement, along with any pre-determined conditions of entry.
(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: November 5, 2014.
J.C. O'Connor III,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2014-27160 Filed 11-19-14; 8:45 am]
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