[Federal Register Volume 80, Number 10 (Thursday, January 15, 2015)]
[Rules and Regulations]
[Pages 2013-2016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00327]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-2014-1055]
RIN 1625-AA87
Security Zone, John Joseph Moakley United States Courthouse;
Boston, MA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary 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 temporary security zone is for the high profile
court proceeding of the Boston Marathon bombing suspect Dzhokhar
Tsarnaev at the Moakley Courthouse and is necessary to protect people,
property, and the port of Boston from subversive acts.
DATES: This rule is effective without actual notice from January 15,
2015 until December 31, 2015. For the purposes of enforcement, actual
notice will be used from January 5, 2015 until January 15, 2015.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2014-1055 and are available online
by going to http://www.regulations.gov, inserting USCG-2014-1055 in the
''Keyword'' box, and then clicking ``Search''. They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary 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.
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SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
USCG United States Coast Guard
U.S.C. United States Code
CFR Code of Federal Regulations
COTP Captain of the Port
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
A. Regulatory Information and Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this particular temporary final rule. Due to the nature
of this high profile court case and the international interest that
this trial is expected to generate, the security zone is necessary to
help protect people, property, and the port of Boston from subversive
acts. The trial is expected to commence on January 5, 2015, and
therefore, it would be impracticable to publish an NPRM. Delaying this
regulation's effective date for comment would be contrary to the public
interest as immediate action is needed to ensure the safety in the
surrounding area.
The Coast Guard did, however, publish an NPRM on November 20, 2014
(79 FR 69078), to establish a permanent security zone within Sector
Boston's Captain of the Port (COTP) Zone for a five hundred (500) yard
security zone, but granting vessels permission to enter the security
zone as long as such vessels remain beyond two hundred and fifty (250)
yards of the Moakley Courthouse, unless granted access by the COTP or
the COTP's representative, and as long as such vessels proceed through
the area with caution and operate at a speed no faster than that speed
necessary to maintain a safe course, unless otherwise required by the
Navigation Rules. We feel we need more time to adequately address the
comments received on the NPRM relating to the impact that a two hundred
and fifty (250) yard restriction on vessels will have on businesses.
Accordingly, we have elected to establish this temporary five
hundred (500) yard security zone, but grant vessels permission to enter
the security zone as long as such vessels remain beyond one hundred
(100) yards of the Moakley Courthouse, unless granted access by the
COTP or the COTP's representative, and as long as such vessels proceed
through the area with caution and operate at a speed no faster than
that speed necessary to maintain a safe course, unless otherwise
required by the Navigation Rules. Publishing a new NPRM to reflect this
change and delaying the effective date would be impracticable and
contrary to the public interest since it would inhibit the Coast
Guard's ability to fulfill its statutory missions to protect people,
property, and the port of Boston from subversive acts.
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 for the reason discussed above. For
the same reasons discussed in the preceding paragraph, the Coast Guard
finds that waiting 30 days to make this rule effective would be
impracticable and contrary to the public interest.
B. 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,
160.5; and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to define security zones.
The trial for the Boston Marathon bombing suspect, Dzhokhar
Tsarnaev, is expected to begin on January 5, 2015 at the John Joseph
Moakley United States Courthouse, Boston, MA. The trial is expected to
last upwards of five months. Due to the nature of this high profile
court case and the international interest that this trial is expected
to generate, the Federal Protective Police have requested the Coast
Guard issue a security zone around the waterside of the Courthouse to
help protect people, property, and the port of Boston from subversive
acts.
C. Discussion of Rule
For the reason discussed above, the COTP, Sector Boston, is
establishing a temporary security zone. This temporary security zone
will be effective and enforced starting on January 5, 2015, and will
continue until the trial is completed, and if necessary, during the
sentencing phase. 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. Specific
geographic locations are specified in the regulatory text.
The COTP hereby grants vessels permission to enter this five
hundred (500) yard security zone as long as such vessels remain beyond
one hundred (100) yards of the Moakley Courthouse unless granted access
by the COTP or the COTP's representative, and as long as such vessels
proceed through the area with caution and operate at a speed no faster
than that speed necessary to maintain a safe course, unless otherwise
required by the Navigation Rules.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This 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 those Orders.
The Coast Guard expects the economic impact of this rule to be so
minimal that a full regulatory evaluation under the regulatory policies
and procedures of DHS is unnecessary. First, based on the comments and
feedback from the NPRM on the permanent security zone, we feel that
decreasing the two hundred and fifty (250) yards to one hundred (100)
yards will minimize the impact to vessels, such as commuter ferries
servicing Rowes Wharf, because they will be able to transit their
normal routes. Second, the Courthouse is likely to shut down the harbor
dock to water Taxis during the trial. Third, mariners may still pass
through the security zone, within one hundred (100) yards of the
Moakley Courthouse, with authorization from the COTP or a designated
on-scene representative. Finally, such notification of this security
zone will be published through the local Notice to Mariners, Broadcast
Notice to Mariners, and through extensive public outreach.
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
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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 persons.
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 for all of the reasons discussed in the ``Regulatory Planning
and Review'' section above.
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 will 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.
4. 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).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the 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 rule under that Order and determined
that this rule 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 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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This 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 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 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 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 action 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this 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 concluded
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This temporary final rule involves the establishment of a
temporary security zone. This rule is categorically excluded from
further review under, paragraph 34(g) of figure 2-1 of the Commandant
Instruction. An environmental analysis checklist and a categorical
exclusion determination are 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 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 amends
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.T01-1055 to read as follows:
Sec. 165.T01-1055 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:
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Latitude Longitude
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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.
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(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
[[Page 2016]]
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 one hundred (100) yards of the
Moakley Courthouse and as long as such vessels proceed through the area
with caution and operate at a speed no faster than that speed necessary
to maintain a safe course, unless otherwise required by the Navigation
Rules.
(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 one hundred (100) yards of the Moakley
Courthouse under any conditions unless given express permission from
the COTP or the COTP's designated representatives.
(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
representatives. 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 representatives.
(4) To obtain permissions required by this regulation, individuals
may reach the COTP or a COTP 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 forth in 33 U.S.C. 1232 and 50 U.S.C. 192.
(c) Effective and Enforcement Period. This rule is effective and
will be enforced with actual notice starting 12:01 a.m. on Monday,
January 5, 2015 to 11:59 p.m. December 31, 2015.
(d) Notification. Coast Guard Sector Boston will give actual notice
to mariners for the purpose of enforcement of this temporary security
zone. Also, Sector Boston will notify the public to the greatest extent
possible of any period in which the Coast Guard will suspend
enforcement of this security zone.
(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: December 22, 2014.
J.C. O'Connor III,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2015-00327 Filed 1-14-15; 8:45 am]
BILLING CODE 9110-04-P