[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 
<a href="/cdn-cgi/l/email-protection#5e133f2c35701b701d2b2a2a3b2c1e2b2d3d3970333732"><span class="__cf_email__" data-cfemail="f0bd91829bdeb5deb38584849582b085839397de9d999c">[email protected]</span></a>. 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]
BILLING CODE 9110-04-P


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