Special Local Regulation, Temporary Anchorages and Safety Zones: Sail Boston 2017; Port of Boston, MA, 15014-15019 [2017-05748]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 82, Number 56 (Friday, March 24, 2017)]
[Proposed Rules]
[Pages 15014-15019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05748]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100, 110 and 165

[Docket Number USCG-2016-0949]
RIN 1625-AA08, AA01, AA87


Special Local Regulation, Temporary Anchorages and Safety Zones: 
Sail Boston 2017; Port of Boston, MA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to adopt a temporary special local 
regulation, multiple safety zones, and temporary spectator anchorages 
before, during, and after Sail Boston 2017 in the Port of Boston, 
Massachusetts, to be held between June 16, 2017 and June 22, 2017. 
These regulations are necessary to promote the safe navigation of 
vessels and the safety of life and property during this event. We 
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 24, 2017. The Coast Guard anticipates that 
this proposed rule will be effective from 12:00 a.m. on June 16, 2017 
until 7:00 p.m. on June 22, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0949 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Mark Cutter, Sector Boston Waterways 
Management Division, U.S. Coast Guard; telephone 617-223-4000, email 
Mark.E.Cutter@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    Sail Boston, Inc. is sponsoring Sail Boston 2017, which has been 
designated a Marine Event of National Significance by the U.S. Coast 
Guard. Scheduled events will occur between June 16, 2017 and June 22, 
2017 in the Port of Boston. Scheduled events will consist of Tall Ships 
in a parade of sail into Boston Harbor on June 17, 2017, public tours 
of U.S. Navy vessels and Tall Ships, and a U.S. Navy Blue Angels aerial 
demonstration. Tall ships will depart Boston on June 22, 2017 for the 
restart of the Rendez-Vous 2017 Tall Ships Regatta.
    The purpose of this rulemaking is to ensure the safety of vessels 
and spectators in the vicinity of the Port of Boston, before, during, 
and after the scheduled events. The Coast Guard estimates 1,000 
spectator craft will attend Sail Boston 2017 events. The proposed 
regulations would create temporary spectator anchorage regulations, 
vessel movement control measures, a safety zone around each Tall Ship 
while anchored, transiting, and moored, and a safety zone for the 
restart of the Rendez-Vous 2017 Tall Ships Regatta. The proposed 
regulations would be in effect at various times in the Port of Boston 
between June 16, 2017 and June 22, 2017. Vessel congestion, due to the 
anticipated large number of participating and spectator vessels, poses 
a significant threat to the safety of life.
    This rule provides for the safety of life on navigable waters and 
to protect the participating Tall Ships, private vessels, spectators, 
and the Port of Boston during these events.
    The Coast Guard proposes this rulemaking under authorities in 33 
U.S.C. 1233 through 1236; 49 CFR 1.46; 33 CFR 100.35, 33 U.S.C. 471; 33 
U.S.C. 1221 through 1236, 2030, 2035, 2071; 49 CFR 1.46 and 33 CFR 
1.05-1(g), 33 U.S.C. 1225 and 1231; 50 U.S.C. 191; 49 CFR 1.46 and 33 
CFR 1.05-1(G), 6.04-1, 6.04-6, and 160.5.

III. Discussion of Proposed Rule

    Sail Boston, Inc is planning to host the Tall Ships involved in the 
Rendez-Vous 2017 Tall Ships Regatta in the Port of Boston. The Port of 
Boston will be the only U.S. Port that the Rendez-Vous 2017 Tall Ships 
Regatta will visit. The event will commence with a parade of sail into 
Boston Harbor on June 17, 2017, with the participating Tall Ships 
mooring in various berths throughout the Port of Boston until their 
departure on June 22, 2017. Upon their departure on June 22, 2017, the 
Tall Ships will transit to a position approximately 5 nautical miles 
east of Rockport, MA for the restart of the Rendez-Vous 2017 Tall Ships 
Regatta.
    At the time of this notice, Sail Boston 2017 events are expected to 
include the following:
    1. June 16 and June 17: 100-yard safety zone surrounding each 
participating Tall Ship while anchored in Broad Sound;
    2. June 17: 1000-yard safety zone ahead and astern and 100-yards on 
each side of participating Tall Ships during the Parade of Sail;
    3. June 16 and June 17: Temporary spectator anchorages in effect 
for viewing the Parade of Tall Ships occurring on June 17, 2017;
    4. June 17 through June 22: U.S. Navy Vessels and multiple Tall 
Ships moored in various locations throughout the Port of Boston;

[[Page 15015]]

    5. June 17: U.S. Navy Blue Angels aerial demonstration;
    6. June 17 through June 22: 25-yard safety zone around all moored 
Tall Ships involved in the event;
    7. June 17 through June 22: Public tours of U.S. Navy vessels and 
Tall Ships;
    8. June 17 through June 22: Vessel movement control measures in 
effect;
    9. June 22: Safety zone established approximately 5-nautical miles 
east of Rockport, MA for the restart of the Rendez-Vous 2017 Tall Ships 
Regatta.

Temporary Spectator Anchorages

    The Coast Guard proposes to add temporary section 110.T01-0949 to 
establish thirteen temporary spectator anchorages for spectator craft 
for the arrival of the participating Tall Ships on June 16, 2017 and 
the Sail Boston 2017 Parade of Tall Ships on June 17, 2017. This 
proposal also includes the temporary suspension of 33 CFR 110.138, the 
Boston Harbor, Massachusetts anchorage ground, during the periods the 
new spectator anchorages and regulations are temporarily established.
    The proposed anchorage regulations would temporarily establish 
spectator anchorages for recreational, special use, fishing, and 
commercial vessels during the Sail Boston 2017 Parade of Tall Ships.
    The Coast Guard proposes to establish these temporary spectator 
anchorages in the vicinity of Boston North Channel, Long Island, Deer 
Island, President Roads, and Boston Inner Harbor. The applicable dates 
and times for the proposed temporary spectator anchorages are from 8:00 
a.m. on June 16 through 4:00 p.m. on June 17, 2017.
    On June 17, 2017, following the Parade of Sail, vessel operators 
may depart from their respective anchorages in sequence with the 
movement and mooring of the final flotilla of tall ships. After the 
final flotilla of tall ships has passed Castle Island, vessel operators 
anchored in spectator anchorages east of Castle Island may depart for 
locations outside of Boston Harbor. After the final flotilla of tall 
ships has safely moored, vessel operators may depart from the remaining 
established spectator anchorages. Vessels transiting through Boston 
Harbor must proceed as directed by the Captain of the Port (COTP), 
Sector Boston or the COTP's representative on scene.

Special Local Regulations

    In 1992, 2000, 2009, and 2012, similar events, including Sail 
Boston 1992, 2000, 2009, and War of 1812 in 2012, drew several hundred 
thousand spectators by land, as well as water, to Boston Harbor.
    Recognizing the significant amount of recreational boating traffic 
this event is expected to draw, the Coast Guard proposes to establish a 
special local regulation that would create vessel movement control 
measures in Boston Harbor that will be in effect during the entirety of 
the Sail Boston 2017 event. This section would be designated as section 
100.T01-0949.
    This proposed special local regulation is needed to control vessel 
movement in order to facilitate timely law enforcement support vessels 
access to Maritime and transportation facilities. Additionally, the 
regulated areas will protect the maritime public and participating 
vessels from possible hazards to navigation associated with dense 
vessel traffic.
    The proposed local regulation for vessel movement control 
establishes a counter-clockwise traffic pattern around Boston Inner 
Harbor to ensure spectator vessels are following an organized route, 
facilitating the smooth flow of boating traffic, thereby minimizing 
disruption on the waterway. A Coast Guard Patrol Commander (PATCOM) 
will be on-scene controlling the flow of traffic.
    The waterway between the World Trade Center Pier and the Fish Pier 
does not constitute an area large enough for unhindered navigation. Due 
to the navigation restrictions in this waterway, when vessels over 125 
feet enter this area, on-scene patrol personnel will halt the flow of 
vessel traffic and allow no other vessel to enter the channel until the 
larger vessel is clear of the narrow channel.
    Due to concerns of tenants at the World Trade Center Pier and the 
Fish Pier, waterside viewing hours for Tall Ships berthed at these 
facilities will be limited to times specified in the regulatory text, 
outside of which only vessels which are tenants within the channels of 
the World Trade Center Pier and the Fish Pier will be authorized 
access.

Safety Zones

    The Coast Guard is proposing to establish safety zones in section 
165.T01-0949. On June 16, 2017, tall ships participating in the parade 
of sail will rally in Broad Sound. The Coast Guard is proposing to 
establish a 100-yard safety zone surrounding participating Tall Ships 
while they are anchored in Broad Sound. The regulation would be 
enforced from June 16 to June 17.
    The Coast Guard is proposing to establish 1000-yard safety zones 
ahead and astern and 100-yards on each side of participating Tall 
Ships, during their transit from their anchorages in Broad Sound to the 
start of the parade of sail and during the parade of sail into Boston 
Harbor. This would be enforced on June 17, 2017.
    The Coast Guard is proposing to establish 25-yard safety zones 
surrounding participating Tall Ships while moored. The proposed 
regulations would be in effect on June 16, 2017.
    These restrictions are expected to minimize the risks associated 
with the large number of recreational vessels anticipated to be 
operating within the confines of Boston Inner Harbor during the event. 
The high density of spectators, in conjunction with the daily 
commercial deep draft vessel traffic, poses a significant threat to the 
safety of life and property.
    Additionally, The Coast Guard is proposing to establish a 3000-yard 
by 2000-yard safety zone approximately 5 nautical miles east of 
Rockport, MA for the restart of the Rendez-Vous 2017 Tall Ships 
Regatta. This proposed regulation would be in enforced on June 22, 2017 
from 4:00 p.m. until 8:00 p.m. Though we do not anticipate many 
spectator vessels for the restart of the regatta, this safety zone is 
necessary to minimize the risks associated with multiple tall ships 
maneuvering and preparing for the restart of the Rendez-Vous 2017 Tall 
Ships Regatta in a confined area.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive orders and 
we discuss First Amendment Rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 (``Regulatory Planning and Review'') and 
13563 (``Improving Regulation and Regulatory Review'') direct agencies 
to assess the costs and benefits of available regulatory alternatives 
and, if regulation is necessary, to select regulatory approaches that 
maximize net benefits (including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity). 
Executive Order 13563 emphasizes the importance of quantifying both 
costs and benefits, of reducing costs, of harmonizing rules, and of 
promoting flexibility. Executive Order 13771 (``Reducing Regulation and 
Controlling Regulatory Costs''), directs agencies to reduce regulation 
and control regulatory costs and provides that ``for every one new 
regulation issued, at least two prior regulations be

[[Page 15016]]

identified for elimination, and that the cost of planned regulations be 
prudently managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, the Office of Management and Budget (OMB) has 
not reviewed it. As this rule is not a significant regulatory action, 
this rule is exempt from the requirements of Executive Order 13771. See 
OMB's Memorandum titled ``Interim Guidance Implementing Section 2 of 
the Executive Order of January 30, 2017 titled `Reducing Regulation and 
Controlling Regulatory Costs' '' (February 2, 2017).
    We expect the adverse economic impact of this proposed rule to be 
minimal. Although this regulation may have some adverse impact on the 
public, the potential impact will be minimized for the following 
reasons:
    Although this regulation imposes temporary spectator anchorages, 
traffic control measures, and safety zones in portions of Boston Harbor 
during the events, the effect of this regulation will not be 
significant for the following reasons: Vessels needing to depart the 
temporary spectator anchorages may do so with permission from the 
COTP's designated on-scene representative and vessels will have 
sufficient transit room around the outer edge of the designated 
anchorages. The traffic control measures are confined to areas of 
minimal distance, they follow the natural flow of Boston Harbor 
traffic, they are in compliance with the navigational rules of the 
road, and crossovers have been established for vessels wanting to 
change direction. The 25-yard safety zone around participating Tall 
Ships while moored will have no impact to vessel movement in Boston 
Harbor and will only be in place during the 5 days of Sail Boston 
activities. Sail Boston, Inc. over the past 6 months has held multiple 
public meetings discussing Sail Boston 2017 events and during each 
meeting, these proposals have been discussed. An extensive advance 
notice will be made to mariners via appropriate means, which may 
include broadcast notice to mariners, local notice to mariners, 
facsimile, marine safety information bulletin, local Port Operators 
Group meetings, Harbor Safety Committee meetings, the Internet, USCG 
Sector Boston Homeport Web page, handouts, and local newspapers and 
media. The advance notice will permit mariners to adjust their plans 
accordingly. Similar restrictions were established for other Sail 
Boston events in 1992, 2000, 2009, and War of 1812 in 2012. Based upon 
the Coast Guard's experiences from those previous events of similar 
magnitude, these proposed regulations have been narrowly tailored to 
impose the least impact on maritime interests while providing the 
necessary level of safety.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit 
Boston Harbor may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this 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.
    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. 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 
Section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    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 proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT Section.

E. 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 would not 
result in such expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. 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 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination 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 proposed rule involves suspending 
permanent anchorages, proposing temporary spectator anchorages, 
establishing temporary safety zones, and traffic control measures to 
facilitate the safety of all vessels participating, watching the Parade 
of Tall Ships and the viewing of the moored Tall Ships during the Sail 
Boston 2017 event. Such actions are categorically excluded from further 
review under paragraphs 34(4), (g), and (h) of Figure 2-1 of Commandant 
Instruction M16475.lD. A preliminary

[[Page 15017]]

environmental analysis checklist and 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 proposed 
rule.

G. 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT Section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects

 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, and Waterways.

33 CFR Part 110

    Anchorages Grounds.

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 parts 100, 110, and 165 as follows:

PART 100--REGATTAS AND MARINE PARADES

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233 through 1236; 49 CFR 1.46; 33 CFR 
100.35.

0
2. Add Sec.  100.T01-0949 to read as follows:


Sec.  100.T01-0949  Special Local Regulation: Sail Boston 2017; Port of 
Boston, MA

    (a) Location: This special local regulation establishes a regulated 
area to include all waters west of a line drawn from the monument at 
Castle Island in approximate position 42[deg]20'21'' N., 71[deg]00'37'' 
W., to the Logan Airport Security Zone Buoy ``24'' in approximate 
position 42[deg]20'45'' N., 71[deg]00'29'' W., and then to land in 
approximate position 42[deg]20'48'' N., 71[deg]00'27'' W., including 
the Reserved Channel to the Summer Street retractile bridge in 
approximate position 42[deg]20'34'' N., 71[deg]02'11'' W., the Charles 
River to the Gridley Locks at the Charles River Dam in approximate 
position 42[deg]22'07'' N., 71[deg]03'40'' W., the Mystic River at the 
Alford Street Bridge in approximate position 42[deg]23'22'' N., 
71[deg]04'16'' W., and the Chelsea River to the McArdle Bridge in 
approximate position 42[deg]23'09'' N., 71[deg]02'21'' W.
    (b) Special Local Regulations. (1) During the effective period, 
vessel operators transiting through the regulated area shall proceed in 
a counterclockwise direction at no wake speeds not to exceed five 
knots, unless otherwise authorized by the Captain of the Port.
    (2) Vessel operators shall comply with the directions and orders of 
the COTP or the COTP's representative, upon being hailed by siren, 
radio, flashing lights, or other means. 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 federal, state or local law enforcement or safety vessel, or 
a location on shore.
    (3) From 4:00 p.m. on June 17, 2017 through 8:00 a.m. on June 22, 
2017, vessel control measures will be implemented. The traffic pattern 
will be in a counterclockwise rotation, such that all vessels shall 
stay generally as far to the starboard side of the channel as is safe 
and practicable.
    (4) To facilitate commercial ferry traffic with minimal disruption, 
commercial ferries within the regulated area, moving between stops on 
their normal routes, will be exempt from the mandatory counterclockwise 
traffic pattern. This exemption does not give ferries navigational 
precedence or in any way alter their responsibilities under the Rules 
of the Road or any other pertinent regulations.
    (5) Vessel operators transiting the waterway between the World 
Trade Center and Fish Pier must enter and keep to the starboard side of 
the channel, proceeding as directed by the on-scene COTP's 
representative. Vessel traffic shall move in a counterclockwise 
direction around a turning point as marked by an appropriate on-scene 
COTP's representative.
    (6) Vessel operators transiting this area must maintain at least a 
twenty five (25) yard safe distance from all participating Sail Boston 
Tall Ships and must make way for all deep draft vessel traffic underway 
in the area.
    (7) When a vessel greater than 125 feet enters the waterway between 
the World Trade Center and the Fish Pier, no other vessel will be 
allowed to enter until the larger vessel departs that area, unless 
authorized by the on-scene COTP's representative.
    (8) From 10:00 p.m. through 8:00 a.m. daily, while the regulated 
area is in effect, only vessels which are tenants within the channels 
of the World Trade Center and the Fish Pier will be authorized access.
    (9) The COTP may control the movement of all vessels operating on 
the navigable waters of Boston Harbor when the COTP has determined that 
such orders are justified in the interest of safety by reason of 
weather, visibility, sea conditions, temporary port congestion, or 
other temporary hazards circumstance.
    (10) To obtain permissions required by this regulation, individuals 
may reach the COTP or a COTP representative via VHF channel 16 or

[[Page 15018]]

617-223-5757 (Sector Boston Command Center).
    (11) 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) Enforcement Period. This regulation is will be enforced from 
4:00 p.m. on June 17, 2017 through 8:00 a.m. on June 22, 2017.

PART 110--ANCHORAGES GROUND

0
3. The authority citation for part 110 continues to read as follows:

    Authority:  33 U.S.C. 471; 33 U.S.C. 1221 through 1236, 2030, 
2035, 2071; 49 CFR 1.46 and 33 CFR 1.05-1(g).


Sec.  110.138   [Suspended]

0
4. From 8:00 a.m. on June 16 through 4:00 p.m. on June 17, 2017, 
suspend Sec.  110.138.
0
5. Add Sec.  110.T01-0949 to read as follows:


Sec.  110.T01-0949   Temporary Anchorages: Sail Boston 2017; Port of 
Boston, MA.

    (a) Anchorages. All anchorages in this paragraph are applicable as 
specified. Vessel operators using the anchorages in this paragraph must 
comply with the general operational requirements specified in paragraph 
(b) and (c) of this section. All coordinates are NAD 1983.
    (1) Anchorage 1. (i). All waters bounded by the following 
coordinates: 42[deg]22'06'' N./071[deg]02'43'' W., 42[deg]22'11'' N./
071[deg]02'39'' W., 42[deg]22'07'' N./071[deg]02'32'' W., and 
42[deg]22'03'' N./071[deg]02'35'' W.
    (ii) This anchorage ground is designated for the exclusive use of 
recreational vessels that are 45 feet or less in length and have 
superstructures that do not exceed 10 feet in height.
    (2) Anchorage 2. (i) All waters bounded by the following 
coordinates: 42[deg]21'41'' N./071[deg]02'25'' W., 42[deg]21'47'' N./
071[deg]02'20'' W., 42[deg]21'35'' N./071[deg]01'53'' W., and 
42[deg]21'29'' N./071[deg]01'58'' W.
    (ii) This anchorage ground is designated for the exclusive use of 
recreational vessels that are 45 feet or less in length and have 
superstructures that do not exceed 10 feet in height.
    (3) Anchorage 3. (i) All waters bounded by the following 
coordinates: 42[deg]21'26'' N./071[deg]01'51'' W., 42[deg]21'32'' N./
071[deg]01'47'' W., 42[deg]21'25'' N./071[deg]01'33'' W., and 
42[deg]21'19'' N./071[deg]01'37''.
    (ii) This anchorage ground is designated for the exclusive use of 
recreational vessels that are 45 feet or less in length and their 
height above water does not to exceed 50 feet.
    (4) Anchorage 4. (i) All waters bounded by the following 
coordinates: 42[deg]21'19'' N./071[deg]01'37'' W., 42[deg]21'25'' N./
071[deg]01'33'' W., 42[deg]21'09'' N./071[deg]01'02'' W., and 
42[deg]21'04'' N./071[deg]01'06''.
    (ii) This anchorage ground is designated for the exclusive use of 
inspected and uninspected small passenger vessels (certificated by the 
Coast Guard under Subchapters T and K of Title 46, Code of Federal 
Regulations), and charter vessels that do not exceed 50 feet in height 
above the water line.
    (5) Anchorage 5. (i) All waters bounded by the following 
coordinates: 42[deg]21'04'' N./071[deg]01'06'' W., 42[deg]21'09'' N./
071[deg]01'02'' W., 42[deg]20'48'' N./071[deg]00'29'' W., and 
42[deg]20'47'' N./071[deg]00'29''.
    (ii) This anchorage ground is designated for the exclusive use of 
inspected and uninspected small passenger vessels (certificated by the 
Coast Guard under Subchapters T and K of Title 46, Code of Federal 
Regulations), and charter vessels that do not exceed 50 feet in height 
above the water line.
    (6) Anchorage 6. (i) All waters bounded by the following 
coordinates: 42[deg]20'09'' N./070[deg]59'39'' W., 42[deg]20'23'' N./
070[deg]59'32'' W., 42[deg]20'19'' N./071[deg]59'17'' W., and 
42[deg]20'07'' N./070[deg]59'24''.
    (ii) This anchorage ground is designated for the exclusive use of 
recreational vessels.
    (7) Anchorage 7. (i) All waters bounded by the following 
coordinates: 42[deg]20'06'' N./070[deg]59'23'' W., 42[deg]20'36'' N./
070[deg]59'06'' W., 42[deg]20'34'' N./070[deg]58'31'' W., and 
42[deg]20'05'' N./070[deg]58'45''.
    (ii) This anchorage ground is designated for the exclusive use of 
recreational vessels.
    (8) Anchorage 8. (i) All waters bounded by the following 
coordinates: 42[deg]20'06'' N./070[deg]58'43'' W., 42[deg]20'35'' N./
070[deg]58'28'' W., 42[deg]20'33'' N./070[deg]57'29'' W., and 
42[deg]20'05'' N./070[deg]57'31''.
    (ii) This anchorage ground is designated a general anchorage with 
no restrictions.
    (9) Anchorage 9. (i) All waters bounded by the following 
coordinates: 42[deg]19'45'' N./070[deg]59'55'' W., 42[deg]19'58'' N./
070[deg]59'55'' W., 42[deg]19'57'' N./070[deg]58'47'' W., and 
42[deg]19'44'' N./070[deg]58'47''.
    (ii) This anchorage ground is designated as general transient 
anchorage for all vessels that do not exceed 50 feet in height above 
the water line, with no overnight anchoring. This anchorage is only 
applicable from 6 a.m. on June 17, 2017 until 4 p.m. on June 17, 2017.
    (10) Anchorage 10. (i) All waters bounded by the following 
coordinates: 42[deg]19'44'' N./070[deg]58'44'' W., 42[deg]19'58'' N./
070[deg]58'47'' W., 42[deg]19'55'' N./070[deg]57'28'' W., and 
42[deg]19'43'' N./070[deg]57'35''.
    (ii) This anchorage ground is designated for the exclusive use of 
recreational vessels with no overnight anchoring. This anchorage is 
only applicable from 6 a.m. on June 17, 2017 until 4 p.m. on June 17, 
2017.
    (11) Anchorage 11. (i) All waters bounded by the following 
coordinates: 42[deg]20'30'' N./070[deg]56'30'' W., 42[deg]21'58'' N./
070[deg]56'05'' W., and 42[deg]21'32'' N./070[deg]55'27''.
    (ii) This anchorage ground is designated for the exclusive use of 
late arriving recreational vessels and no overnight anchoring. This 
anchorage is only applicable from 6 a.m. on June 17, 2017 until 4 p.m. 
on June 17, 2017.
    (12) Anchorage 12. (i) All waters bounded by the following 
coordinates: 42[deg]20'07'' N./070[deg]56'28'' W., 42[deg]21'43'' N./
070[deg]54'51'' W., 42[deg]21'18'' N./070[deg]54'29'' W., and 
42[deg]20'05'' N./070[deg]55'51''.
    (ii) This anchorage ground is designated for the exclusive use of 
late arriving recreational vessels and no overnight anchoring. This 
anchorage is only applicable from 6 a.m. on June 17, 2017 until 4 p.m. 
on June 17, 2017.
    (13) Anchorage 13. (i) All waters bounded by the following 
coordinates: 42[deg]19'55'' N./070[deg]56'40'' W., 42[deg]20'06'' N./
070[deg]56'28'' W., 42[deg]20'05'' N./070[deg]55'51'' W., and 
42[deg]19'51'' N./070[deg]56'05''.
    (ii) This anchorage ground is designated for the exclusive use of 
inspected and uninspected small passenger vessels (certificated by the 
Coast Guard under Subchapters T and K of Title 46, Code of Federal 
Regulations), and charter vessels. This anchorage is only applicable 
from 6 a.m. on June 17, 2017 until 4 p.m. on June 17, 2017.
    (b) The regulations. The anchorages designated in paragraphs (a)(1) 
through (13) of this section are subject to the following regulations:
    (1) General Operational Requirements for all anchorages. Vessel 
operators using any of the anchorages established in this section 
shall:
    (i) Ensure their vessels are properly anchored and remain safely in 
position at anchor during marine events.
    (ii) Vessel operators shall comply with the directions and orders 
of the COTP or the COTP's representatives, upon being hailed by siren, 
radio, flashing lights, or other means. The COTP's representative may 
be any Coast Guard commissioned, warrant, or petty

[[Page 15019]]

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 federal, state, or local law enforcement or safety vessel, or 
a location on shore.
    (iii) Vacate anchorages after termination of their effective 
periods.
    (iv) Buoy with identifiable markers and release anchors fouled on 
lobster trap lines if such anchors cannot be freed or raised.
    (v) Display anchor lights when anchoring at night in any anchorage.
    (vi) Do not leave vessels unattended in any anchorage at any time.
    (vii) Do not tie off to any aid to navigation or buoy.
    (ix) Maintain at least 20 feet of clearance if maneuvering between 
anchored vessels.
    (x) Do not nest or tie off to other vessels in that anchorage.
    (xi) Based on COTP approval and direction, vessels commercially 
engaged in the collection and legal disposal of marine sewage may 
operate within spectator anchorages during the applicable periods.
    (c) Enforcement dates. This section will be enforced from 8:00 a.m. 
on June 16, 2017 through 4:00 p.m. on June 17, 2017 unless otherwise 
noted.

    NOTE TO Sec.  110.T01-0949:
    Caution: The designated spectator anchorages in this section 
have not been specially surveyed or inspected and navigational 
charts may not show all seabed obstructions or shallowest depths. 
Additionally, the anchorages are in areas of substantial currents. 
Mariners who use these temporary anchorages should take appropriate 
precautions, including using all means available to ensure vessels 
are not dragging anchor.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
6. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1225 and 1231; 50 U.S.C. 191; 49 CFR 1.46 
and 33 CFR 1.05-1(G), 6.04-1, 6.04-6, and 160.5.

0
7. Add Sec.  165.T01-0949 to read as follows:


Sec.  165.T01-0949  Safety Zone: Sail Boston 2017; Port of Boston, MA.

    (a) Location. The following are safety zones (all coordinates are 
NAD 1983):
    (1) All navigable waters from surface to bottom, within a 100-yard 
radius of each participating Tall Ship while anchored in Broad Sound.
    (2) All navigable waters from surface to bottom, within 1000-yards 
ahead and astern and 100-yards on each side of participating Tall 
Ships, during their transit from anchorage to mooring.
    (3) All navigable waters from surface to bottom, within 25-yards 
surrounding participating Tall Ships while moored at various locations 
throughout the Port of Boston.
    (4) All navigable waters from surface to bottom, bounded within the 
following points (NAD 83): From 42[deg]39.00' N., 070[deg]26.00' W., 
thence to 42[deg]39.00' N., 070[deg]24.00' W., thence to 42[deg]38.00' 
N., 070[deg]24.00' W., thence to 42[deg]38.00' N N., 070[deg]26.00' W., 
thence to the first point.
    (b) Regulations. While these safety zones are being enforced, the 
following regulations, along with those contained in 33 CFR 165.23, 
apply:
    (1) No person or vessel may enter or remain in a safety zone 
without the permission of the COTP, Sector Boston or the COTP's 
representative.
    (2) Any person or vessel permitted to enter the safety zones shall 
comply with the directions and orders of the COTP or the COTP's 
representative. Upon being hailed 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.
    (3) 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.
    (4) 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) 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 federal, state or local 
law enforcement or safety vessel, or a location on shore.
    (d) Enforcement dates. Paragraph (a)(1) of this section is 
applicable on June 16, 2017 through June 17, 2017. Paragraph (a)(2) of 
this section is applicable on June 16, 2017. Paragraph (a)(3) of this 
section is applicable on June 17, 2017 through June 22, 2017. Paragraph 
(a)(4) of this section is applicable on June 22, 2017 from 4:00 p.m. 
until 8:00 p.m.

    Dated: March 17, 2017.
C.C. Gelzer,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2017-05748 Filed 3-23-17; 8:45 am]
 BILLING CODE 9110-04-P