[Federal Register: July 11, 2002 (Volume 67, Number 133)]
[Proposed Rules]               
[Page 45945-45947]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jy02-19]                         

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-02-063]
RIN 2115-AA97

 
Safety and Security Zones: USCGC EAGLE Port Visit--Salem Harbor, 
Massachusetts

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish temporary safety and 
security zones for the United States Coast Guard Cutter (USCGC) EAGLE's 
port visit to the PG & E Power Plant in Salem, MA, from August 9, 2002, 
to August 12, 2002. The safety and security zones would temporarily 
close all waters within a 100 yard radius of the USCGC EAGLE while 
underway off the coast of Massachusetts in United States territorial 
seas, and while moored at the PG & E Pier in Salem Harbor, Salem, MA. 
The safety and security zones would prohibit entry into or movement 
within this portion of Salem Harbor during the effective periods.

DATES: Comments and related material must reach the Coast Guard on or 
before 29 July 2002.

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 
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: Lieutenant Dave Sherry, Marine Safety 
Office Boston, Waterways Safety and Response Division, at (617) 223-
3000.

SUPPLEMENTARY INFORMATION:

Request for Information

    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 (CGD01-02-
063), 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. 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 in 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 Washington D.C. 
on September 11, 2001, temporary safety and security zones are proposed 
to safeguard the United States Coast Guard Cutter (USCGC) EAGLE (a 
training vessel for the U. S. Coast Guard Academy), persons on the 
vessel, the public, and surrounding communities from sabotage or other 
subversive acts, accidents, or other events of a similar nature. The 
USCGC EAGLE presents a possible target of terrorist attack, because it 
is a prominent and highly visible public vessel. These proposed safety 
and security zones, having identical boundaries, prohibit entry into or 
movement within the specified areas.
    This regulation proposes to establish safety and security zones 
within a 100 yard radius of the USCGC EAGLE while it is moored at the 
PG & E Pier in Salem Harbor, Salem, MA and while the vessel is 
transiting within navigable waters of the United States in the Captain 
of the Port (COTP) Boston zone, as defined in 33 CFR 3.05-10. Under the 
Ports and Waterways Safety Act, (33 U.S.C.S. 1221 et. seq.) navigable 
waters of the United States include all waters of the territorial sea 
of the United States as described in Presidential Proclamation No. 5928 
of December 27, 1988 (103 Stat. 2981; 54 FR 777, January 9, 1989). This 
Presidential Proclamation declared that the territorial sea of the 
United States extends to 12 nautical miles from the baseline of the 
United States determined in accordance with international law.
    The safety and security zones would be in effect while the USCGC 
EAGLE is transiting within the navigable waters of the United States 
and while moored at the PG & E Pier from August 9, 2002, to August 12, 
2002.

[[Page 45946]]

    These zones are needed to safeguard the USCGC EAGLE, the public and 
the surrounding area from sabotage or other subversive acts, accidents, 
or other events of a similar nature. Marine traffic may transit safely 
outside of the safety and security zones during the effective periods. 
Public notifications will be made prior to the effective period via 
safety marine information broadcasts and local notice to mariners.
    Due to the short timeframe before this event takes place, a normal 
period for notice and comment was not possible. However, we wanted to 
provide the public the opportunity to comment. The shortened comment 
period provided will permit the public to participate in this 
rulemaking, while still providing sufficient time to develop and 
publish a final rule, thereby accounting for the interest in safety and 
security of the maritime community and of the USCGC EAGLE during the 
specified periods. Accordingly, this rule will become effective less 
than thirty days after publication.

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 minimal enough that a full Regulatory Evaluation under paragraph 
10e of the regulatory policies and procedures of DOT is unnecessary.
    The Captain of The Port does anticipate some impact to vessel 
traffic due to the proposed safety and security zones. Some impact on 
recreational vessel and small passenger vessel traffic is expected in 
the vicinity of Salem Harbor, however it is expected to be minimal due 
to the ability of these vessels to transit safely outside of the safety 
and security zones. Thus, although this proposed regulation would 
prevent traffic from transiting a portion of Salem Harbor during the 
effective periods, the effects of this proposed regulation will not be 
significant for the reasons outlined above. Advance notifications will 
be made to the local maritime community by 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 significant economic impact on a substantial number 
of small entities. This rule would have a minimal impact on small 
entities because vessel traffic can safely pass outside of the safety 
and security zones during the effective periods, the safety and 
security zones are limited in duration, and advance notifications will 
be made to the local maritime community by safety marine information 
broadcasts and local notice to mariners.
    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), 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 Lieutenant Dave Sherry at the 
address listed under ADDRESSES.

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

    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 affect 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 Execute 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 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. 
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.

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

[[Page 45947]]

``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 record 
keeping 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, and 160.5; 49 CFR 1.46.

    2. Add temporary Sec. 165.T02-063 to read as follows:


Sec. 165.T02-063  Safety and Security Zones: USCGC EAGLE Port visit-
Salem Harbor, Massachusetts.

    (a) Location: The following areas are safety and security zones:
    (1) All waters of Salem Harbor within a 100 yard radius of the 
United States Coast Guard Cutter (USCGC) EAGLE while moored at the PG & 
E Pier;
    (2) All navigable waters of the United States within the Captain of 
the Port (COTP) Boston zone, as defined in 33 CFR 3.05-10, within a 100 
yard radius of the USCGC EAGLE while underway.
    (b) Effective Period. This section is effective from 6 a.m. August 
9, 2002 through 6 p.m. August 12, 2002.
    (c) Definitions. For purposes of this section, navigable waters of 
the United States includes all waters of the territorial sea as 
described in Presidential Proclamation No. 5928 of December 27, 1988. 
Presidential Proclamation No. 5928 of December 27, 1988 declared that 
the territorial sea of the United States extends to 12 nautical miles 
from the baseline of the United States.
    (d) Regulations. (1) In accordance with the general regulations in 
Secs. 165.23 and 165.33 of this part, entry into or movement within 
these zones 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: July 2, 2002.
B.M. Salerno,
Captain, Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 02-17474 Filed 7-10-02; 8:45 am]
BILLING CODE 4910-15-U