Security Zone: Dignitary Arrival/Departure Logan International Airport, Boston, MA

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-97-004]

RIN 2115-AA97

Security Zone: Dignitary Arrival/Departure Logan International

Airport, Boston, MA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a permanent, four-sector

security zone on the waters around Logan International Airport, above

the Callahan Tunnel, Sumner Tunnel, Ted Williams Tunnel, and around any

designated vessel, to protect the President, Vice President and

visiting heads of foreign states or foreign governments during their

arrival, departure and transits to and from Logan International

Airport.

DATES: This rule is effective on June 1, 1998.

ADDRESSES: The comments and other material referred to in this preamble

are available for inspection or copying at the Marine Safety Office,

Boston, MA, during normal working hours between the hours of 7:30 a.m.

and 3:30 p.m., Monday through Friday, except federal holidays.

FOR FURTHER INFORMATION CONTACT: LT Michael H. Day or MSTC Daniel J.

Dugery, Coast Guard Marine Safety Office, Boston, MA; telephone (617)

223-3000.

SUPPLEMENTARY INFORMATION:

Regulatory History

On January 8, 1998, the Coast Guard published a Notice of Proposed

Rulemaking titled ``Security Zone: Dignitary Arrival/Departure Logan

International Airport, Boston, MA'' in the Federal Register (63 FR

1089). The comment period ended March 9, 1998. The Coast Guard received

two letters commenting on this proposal. These comments have been

incorporated into this final rule. No public hearing was requested and

none was held.

Background and Purpose

Boston Massachusetts is visited by the President or Vice President

of the United States, or visiting heads of foreign states or foreign

governments an average of 24 times per year. Often these visits are on

short notice. The President, Vice President, and visiting heads of

foreign states or foreign governments require Secret Service

protection. The President, Vice President, and visiting heads of

foreign states or foreign governments arrive at Logan International

Airport and then transit to locations throughout Boston by car or boat.

Due to the sensitive nature of these visits, a security zone is needed.

Standard security procedures are enacted to ensure the proper level of

protection to prevent sabotage or other subversive acts, accidents, or

other activities of a similar nature. In the past, temporary security

zones were requested by the U.S. Secret Service with limited notice for

preparation by the U.S. Coast Guard. This regulation establishes a

permanent four-sector security zone that can be activated upon the

request of the U.S. Secret Service pursuant to their authority under 18

U.S.C. 3056. The security zone sections will be as follows:

Sector one will go into effect 15 minutes prior to the scheduled

landing or takeoff of the aircraft carrying the President, Vice

President, or visiting heads of foreign states or foreign governments

at Logan International Airport. Sector one will preclude all vessels

from approaching within three hundred yards of the Logan International

Airport shoreline, bound on the west by a line drawn between positions

42 deg.22'45''N, 071 deg.01'05''W and 42 deg.21'48''N, 071 deg.01'45''W

(NAD 1983).

Sector two will go into effect 15 minutes before the vehicle

carrying the President, Vice President, or visiting heads of foreign

states or foreign governments enters the Callahan Tunnel or Sumner

Tunnel. Sector two may preclude vessels, as necessary, from entering an

area of the main ship channel, Boston Inner Harbor, fifty yards in all

directions from a point directly above the Callahan Tunnel or the

Sumner Tunnel.

Sector three will go into effect 15 minutes before the vehicle

carrying the President, Vice President, or visiting heads of foreign

states or foreign governments enters the Ted Williams Tunnel. Sector

three may preclude vessels, as necessary, from entering an area of the

main ship channel, Boston Inner Harbor, fifty yards in all directions

from a point directly above the Ted Williams Tunnel.

Sector four will go into effect 15 minutes before the President,

Vice President, or visiting heads of foreign states or foreign

governments board the designated transport vessel. Sector four will

preclude all vessels from approaching within three hundred yards in all

directions from the designated vessel transporting the dignitaries

between Logan International Airport and any location in Boston Harbor.

[[Page 16117]]

The activation of a particular sector of this security zone will be

announced via Safety Marine Information Broadcasts and/or by locally

issued notices.

Discussion of Comments and Changes

Responses to the Notice of Proposed Rulemaking provided a number of

specific comments on the proposed rule. The letters expressed concern

over the potential impact this rule could have on the port community.

One comment expressed a concern of local shipping agencies that

this rule would close the waters over the Callahan Tunnel, Sumner

Tunnel, and Ted Williams Tunnel for extended periods of time. In

response to this comment, the wording of sections two and three of the

security zone has been changed from ``will preclude all vessels'' to

``may preclude vessels, as necessary.'' In the past, when enforcing a

temporary security zone over these tunnels, the Coast Guard vessel(s)

on scene had the option whether to allow vessels to transit through the

temporary security zone or to close the waterway to all vessel

transits. This option remains.

Another comment expressed concern that the security zone around the

designated transport vessel moving the President, Vice President, or

visiting heads of foreign states or foreign governments could cause

obstructions and delays to commercial deep draft vessels transiting

Boston Inner harbor.

Discussions with the U.S. Secret Service and an examination of past

temporary security zone enforcement practices has shown that transport

vessels moving the President, Vice President, or visiting heads of

foreign states or foreign governments across the harbor have allowed

commercial vessels to transit through the area rather than impede the

transit of a commercial vessel.

The last comment indicated that a security zone, two hours in

duration, would place an unnecessary delay on vessels transiting the

port. In view of this comment, the wording under Regulatory Evaluation

has been changed from ``less than two hour duration'' to ``less than

one half-hour duration.'' This reflects the average time temporary

security zones have been in effect for inbound and outbound transits to

Logan Airport.

Regulatory Evaluation

This 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. It

has not been reviewed by the Office of Management and Budget 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

rule to be so minimal that a full Regulatory Evaluation is unnecessary.

The Coast Guard anticipates that this security zone will be activated

an average of 24 times per year. Costs resulting from these

regulations, if any, will be minor and have no significant adverse

financial effect on vessel operators as the activation of any one of

the sectors of this security zone will be less than one half-hour

duration. Deep draft vessel traffic, fishing vessels, and tour boats

may experience slight delays in departures or arrivals, however, the

delays are minimal relative to the highly significant national security

interest in protecting the President, Vice President, and visiting

heads of foreign states or foreign governments visiting Boston.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider whether this proposal will have a significant

economic impact on a substantial number of small entities. ``Small

entities'' may include (1) small businesses and not-for-profit

organizations that are independently owned and operated and are not

dominant in their fields and (2) governmental jurisdictions with

populations of less than 50,000.

For the reasons addressed under the Regulatory Evaluation above,

the Coast Guard finds that this rule will not have a significant impact

on a substantial number of small entities.

Collection of Information

This rule contains no collection of information requirements under

the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

This rule has been analyzed in accordance with the principles and

criteria contained in Executive Order 12612 and it has been determined

that this rule does not have sufficient federalism implications to

warrant the preparation of a Federalism Assessment.

Environment

The Coast Guard has considered the environmental impact of this

rule and concluded that, under section 2.B.2.e.(34)(g) of Commandant

Instruction M16475.1B (as revised by 59 FR 38654, July 29, 1994), this

rule is categorically excluded from further environmental

documentation. A Categorical Exclusion Determination and an

Environmental Analysis Checklist are included in the docket.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation (water), Reporting and

recordkeeping requirements, Security measures, Waterways.

For reasons set out in the preamble, the Coast Guard amends 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. Section 165.113, is added to read as follows:

Sec. 165.113 Security zone: Dignitary arrival/departure Logan

International Airport, Boston, MA

(a) Location. The permanent security zone consists of four sectors

that may be activated in part, or in whole, upon the request of the

U.S. Secret Service. These zones are for the protection of the

President or Vice President of the United States, as well as visiting

heads of foreign states or foreign governments arriving at, or

departing from, Logan International Airport and as determined by the

transit route across Boston Harbor. The security zone will be as

follows:

(1) Sector one will go into effect 15 minutes prior to the

scheduled landing or takeoff of the aircraft carrying either the

President, Vice President, or visiting heads of foreign states or

foreign governments at Logan International Airport. Sector one will

preclude all vessels from approaching within three hundred yards of the

Logan International Airport shoreline, bound on the west by a line

drawn between positions 42 deg.22'45''N, 071 deg.01'05''W and

42 deg.21'48''N, 071 deg.01'45''W (NAD) 1983).

(2) Sector two will go into effect 15 minutes before the vehicle

carrying the President, Vice President, or visiting heads of foreign

states or foreign governments enters the Callahan Tunnel or Sumner

Tunnel. Sector two may preclude vessels, as necessary, from entering an

area of the main ship channel, Boston Inner Harbor; fifty yards in all

directions from a point directly above the Callahan Tunnel or Sumner

Tunnel.

(3) Sector three will go into effect 15 minutes before the vehicle

carrying the President, Vice President, or visiting

[[Page 16118]]

heads of foreign states or foreign governments enters the Ted Williams

Tunnel. Sector three may preclude vessels, as necessary, from entering

an area of the main ship channel, Boston Inner Harbor, fifty yards in

all directions from a point directly above the Ted Williams Tunnel.

(4) Sector four will go into effect 15 minutes before the

President, Vice President, or visiting heads of foreign states or

foreign governments board the designated transport vessel. Sector four

will preclude all vessels from approaching within three hundred yards

in all directions from the designated vessel transporting the

President, Vice President, or visiting heads of foreign states or

foreign governments between Logan International Airport and any

location in Boston Harbor.

(5) The activation of a particular sector of this security zone

will be announced via Safety Marine Information Broadcasts and/or by

locally issued notices.

(b) Regulations. (1) The general regulations covering security

zones contained in 33 CFR 165.33 apply.

(2) All persons and vessels shall comply with the instructions of

the Coast Guard Captain of the Port or the designated on scene patrol

personnel. Coast Guard patrol personnel include commissioned, warrant,

and petty officers of the Coast Guard. Upon being hailed by a Coast

Guard vessel via siren, radio, flashing light, or other means, the

operator of a vessel shall proceed as directed.

Dated: March 18, 1998.

J. L. Grenier,

Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.

[FR Doc. 98-8259 Filed 4-1-98; 8:45 am]

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