Special Local Regulation, Temporary Anchorages and Safety Zones: Sail Boston 2017; Port of Boston, MA, 23731-23735 [2017-10336]
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Federal Register / Vol. 82, No. 99 / Wednesday, May 24, 2017 / Rules and Regulations
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None.
Issued in Renton, Washington, on April 27,
2017.
Paul Bernado,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2017–10256 Filed 5–23–17; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Parts 100, 110, and 165
[Docket No. USCG–2016–0949]
RIN 1625–AA08; AA01, AA87
Special Local Regulation, Temporary
Anchorages and Safety Zones: Sail
Boston 2017; Port of Boston, MA
Coast Guard, DHS.
Final rule.
AGENCY:
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ACTION:
SUMMARY: The Coast Guard is adopting
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.
DATES: This rule is effective without
actual notice from May 24, 2017 until
June 22, 2017, except that the
suspension of § 110.138 is effective from
8:00 a.m. on June 16, 2017, through 4:00
p.m. on June 17, 2017. For the purposes
of enforcement, actual notice will be
used from the date the rule was signed,
May 15, 2017, until May 24, 2017.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
0949 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mark Cutter, Sector Boston
Waterways Management Division, U.S.
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Coast Guard; telephone 617–223–4000,
email Mark.E.Cutter@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Acronyms
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
§ Section
TFR Temporary Final Rule
U.S.C. United States Code
II. Background Information and
Regulatory History
On March 24, 2017, the Coast Guard
published a NPRM titled ‘‘Special Local
Regulations, Temporary Anchorages,
and Safety Zones: Sail Boston 2017; Port
of Boston, MA’’ (82 FR 15014). There we
stated why we issued the NPRM, and
invited comments on our regulatory
action. During the comment period that
ended on April 24, 2017, we received no
comments.
The Coast Guard is making this
temporary rule effective less than 30
days after publication in the Federal
Register pursuant to authority under
section 4(a) of the Administrative
Procedure Act (APA) (5 U.S.C. 553(d)).
This provision authorizes an agency to
make a rule effective less than 30 days
after publication for good cause. We are
issuing this rule, and under 5 U.S.C.
553(d)(3), the Coast Guard finds that
good cause exists for making it effective
less than 30 days after publication in the
Federal Register because waiting the 30
days would be impracticable and or
contrary to the public interest. It would
be impracticable and or contrary to the
public interest because the Sail Boston
2017 events will be taking place starting
on a definite date of June 16, 2017, and
if this rule is not made effective by the
date then it would inhibit the Coast
Guard’s ability to perform its statutory
mission to ensure the safety of the
maritime public.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 471, 1221
through 1236, 2071 50 U.S.C. 191 and
Department of Homeland Security
Delegation No. 0170.1, which
collectively authorize the Coast Guard
to establish safety zones, anchorages
and special local regulations.
The Captain of the Port (COTP)
Boston has determined that this rule
will provide for the safety of life on
navigable waters and to protect the
participating Tall Ships, private vessels,
spectators, and the Port of Boston
during Sail Boston 2017.
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IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published on
March 24, 2017. The only change from
the NPRM is that we added a ‘‘NOTE’’
following the regulatory text to advise
the public that Boston Harbor is a ‘‘NODISCHARGE ZONE.’’ This rule adopts a
temporary special local regulation,
multiple safety zones, and temporary
spectator anchorage grounds before,
during and after Sail Boston 2017.
Temporary Spectator Anchorage
Grounds
The Coast Guard will add temporary
section 110.T01–0949 to establish
thirteen temporary spectator anchorage
grounds 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 rule also includes the temporary
suspension of 33 CFR 110.138, the
Boston Harbor, Massachusetts
anchorage ground, during the periods
the new spectator anchorage grounds
and regulations are temporarily
established.
The anchorage regulations would
temporarily establish spectator
anchorage grounds for recreational,
special use, fishing, and commercial
vessels during the Sail Boston 2017
Parade of Tall Ships.
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 will
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.
The 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.
Safety Zones
The Coast Guard is establishing safety
zones in section 165.T01–0949. On June
16, 2017, tall ships participating in the
parade of sail will rally in Broad Sound.
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V. Regulatory Analyses
We developed this 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.
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 regulations
have been narrowly tailored to impose
the least impact on maritime interests
while providing the necessary level of
safety.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
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.
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has not been
designated a ‘‘significant regulatory
action,’’ under Executive Order 12866.
Accordingly, this rule has not been
reviewed by the Office of Management
and Budget.
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
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 rule does 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 V.A above this
rule will not have a significant
economic impact on any vessel owner
or operator.
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 section.
Small businesses may send comments
on the actions of federal employees who
enforce, or otherwise determine
compliance with, federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). 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.
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The Coast Guard is establishing a 100yard safety zone surrounding
participating Tall Ships while they are
anchored in Broad Sound. The
regulation would be enforced from June
16 to June 17.
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C. Collection of Information
This rule does 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 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 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. If you
believe this 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 rule
does not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. 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 (42
U.S.C. 4321–4370f), and have
determined 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 rule involves
suspending permanent anchorages,
establishing temporary spectator
anchorages, establishing temporary
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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. These actions are
categorically excluded from further
review under paragraph 34 (f), (g), and
(h) of Figure 2–1 of Commandant
Instruction M16475.lD. A Record of
Environmental Consideration (REC)
supporting this determination is
available in the docket where indicated
under ADDRESSES.
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.
List of Subjects
33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, and Waterways.
33 CFR Part 110
Anchorage grounds.
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 parts 100, 110, and 165 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add § 100.T01–0949 to read as
follows:
■
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§ 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°20′21″ N.,
71°00′37″ W., to the Logan Airport
Security Zone Buoy ‘‘24’’ in
approximate position 42°20′45″ N.,
71°00′29″ W., and then to land in
approximate position 42°20′48″ N.,
71°00′27″ W., including the Reserved
Channel to the Summer Street retractile
bridge in approximate position
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42°20′34″ N., 71°02′11″ W., the Charles
River to the Gridley Locks at the Charles
River Dam in approximate position
42°22′07″ N., 71°03′40″ W., the Mystic
River at the Alford Street Bridge in
approximate position 42°23′22″ N.,
71°04′16″ W., and the Chelsea River to
the McArdle Bridge in approximate
position 42°23′09″ N., 71°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 p.m. on June 17, 2017
through 8 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
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23733
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 p.m. through 8 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
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
p.m. on June 17, 2017 through 8 a.m. on
June 22, 2017.
PART 110—ANCHORAGE
REGULATIONS
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, 2071; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
§ 110.138
[Suspended]
4. From 8:00 a.m. on June 16, 2017,
through 4:00 p.m. on June 17, 2017,
suspend § 110.138.
■
5. Add § 110.T01–0949 to read as
follows:
■
§ 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°22′06″ N./071°02′43″ W., 42°22′11″
N./071°02′39″ W., 42°22′07″ N./
071°02′32″ W., and 42°22′03″ N./
071°02′35″ W.
(ii) This anchorage ground is
designated for the exclusive use of
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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°21′41″ N./071°02′25″ W., 42°21′47″
N./071°02′20″ W., 42°21′35″ N./
071°01′53″ W., and 42°21′29″ N./
071°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°21′26″ N./071°01′51″ W., 42°21′32″
N./071°01′47″ W., 42°21′25″ N./
071°01′33″ W., and 42°21′19″ N./
071°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°21′19″ N./071°01′37″ W., 42°21′25″
N./071°01′33″ W., 42°21′09″ N./
071°01′02″ W., and 42°21′04″ N./
071°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 chapter I 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°21′04″ N./071°01′06″ W., 42°21′09″
N./071°01′02″ W., 42°20′48″ N./
071°00′29″ W., and 42°20′47″ N./
071°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 chapter I 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°20′09″ N./070°59′39″ W., 42°20′23″
N./070°59′32″ W., 42°20′19″ N./
071°59′17″ W., and 42°20′07″ N./
070°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°20′06″ N./070°59′23″ W., 42°20′36″
N./070°59′06″ W., 42°20′34″ N./
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070°58′31″ W., and 42°20′05″ N./
070°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°20′06″ N./070°58′43″ W., 42°20′35″
N./070°58′28″ W., 42°20′33″ N./
070°57′29″ W., and 42°20′05″ N./
070°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°19′45″ N./070°59′55″ W., 42°19′58″
N./070°59′55″ W., 42°19′57″ N./
070°58′47″ W., and 42°19′44″ N./
070°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°19′44″ N./070°58′44″ W., 42°19′58″
N./070°58′47″ W., 42°19′55″ N./
070°57′28″ W., and 42°19′43″ N./
070°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°20′30″ N./070°56′30″ W., 42°21′58″
N./070°56′05″ W., and 42°21′32″ N./
070°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°20′07″ N./070°56′28″ W., 42°21′43″
N./070°54′51″ W., 42°21′18″ N./
070°54′29″ W., and 42°20′05″ N./
070°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°19′55″ N./070°56′40″ W., 42°20′06″
N./070°56′28″ W., 42°20′05″ N./
070°55′51″ W., and 42°19′51″ N./
070°56′05″.
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(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 chapter I 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
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.
(2) [Reserved]
(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 1 to § 110.T01–0949: Caution: The
designated spectator anchorages in this
section have not been specially surveyed or
inspected and navigational charts may not
E:\FR\FM\24MYR1.SGM
24MYR1
Federal Register / Vol. 82, No. 99 / Wednesday, May 24, 2017 / Rules and Regulations
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
6. 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, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
7. Add § 165.T01–0949 to read as
follows:
■
mstockstill on DSK30JT082PROD with RULES
§ 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°39.00″ N., 070°26.00″ W., thence to
42°39.00″ N., 070°24.00″ W., thence to
42°38.00″ N., 070°24.00″ W., thence to
42°38.00″ N., 070°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
VerDate Sep<11>2014
17:32 May 23, 2017
Jkt 241001
(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,
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 17, 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 p.m.
until 8 p.m.
Note 1 to § 165.T01–0949: Boston Harbor is
a NO–DISCHARGE ZONE. No-discharge
zones are designated bodies of water where
the discharge of all boat sewage, whether
treated or not, is prohibited and a violation
of federal law. Boat pumpout facilities
provide a convenient way to properly
dispose of boat sewage. Many of the
pumpouts in this area are pumpout vessels.
These vessels have the capacity to bring the
pumpout to the boater. In order to facilitate
compliance with this no-discharge zone, the
pumpout vessels will be allowed to
maneuver through the regulated zones and
anchorages grounds. For additional
information on complying with vessel
sewage discharge regulations and using
pumpout facilities see https://www.mass.gov/
eea/agencies/czm/program-areas/coastalwater-quality/ndz/.
Dated: May 15, 2017.
C.C. Gelzer,
Captain, U.S. Coast Guard, Captain of the
Port Boston.
[FR Doc. 2017–10336 Filed 5–23–17; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 770
[EPA–HQ–OPPT–2017–0244; FRL–9962–86]
RIN 2070–AK35
Compliance Date Extension;
Formaldehyde Emission Standards for
Composite Wood Products
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
23735
SUMMARY: EPA is taking direct final
action on a revision to the formaldehyde
emission standards for composite wood
products final rule, published in the
Federal Register on December 12, 2016.
EPA is publishing this direct final
action to extend the Toxic Substances
Control Act (TSCA) Title VI final rule
compliance dates including: Extending
the December 12, 2017 date for emission
standards, recordkeeping, and labeling
provisions until March 22, 2018;
extending the December 12, 2018 date
for import certification provisions until
March 22, 2019; and extending the
December 12, 2023 date for provisions
applicable to producers of laminated
products until March 22, 2024.
Additionally, this direct final action
will extend the transitional period
during which the California Air
Resources Board (CARB) Third Party
Certifiers (TPC) may certify composite
wood products under TSCA Title VI
without an accreditation issued by an
EPA TSCA Title VI Accreditation Body
so long as the TPC remains approved by
CARB, is recognized by EPA, and
complies with all aspects of the
December 12, 2016 final rule. Extension
of these compliance dates and the
transitional period for CARB TPCs adds
regulatory flexibility for regulated
entities, reduces compliance burdens,
and helps to prevent disruptions to
supply chains.
DATES: This final rule is effective on July
10, 2017 without further notice, unless
EPA receives adverse comment by June
8, 2017. If EPA receives adverse
comment, the Agency will publish a
timely withdrawal in the Federal
Register informing the public that this
rule will not take effect.
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPPT–2017–0244, is
available at https://www.regulations.gov
or at the Office of Pollution Prevention
and Toxics Docket (OPPT Docket),
Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington,
DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPPT
Docket is (202) 566–0280. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
For technical information contact:
Erik Winchester, National Program
Chemicals Division, Office of Pollution
E:\FR\FM\24MYR1.SGM
24MYR1
]]>Agencies
[Federal Register Volume 82, Number 99 (Wednesday, May 24, 2017)]
[Rules and Regulations]
[Pages 23731-23735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10336]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 100, 110, and 165
[Docket No. 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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is adopting 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.
DATES: This rule is effective without actual notice from May 24, 2017
until June 22, 2017, except that the suspension of Sec. 110.138 is
effective from 8:00 a.m. on June 16, 2017, through 4:00 p.m. on June
17, 2017. For the purposes of enforcement, actual notice will be used
from the date the rule was signed, May 15, 2017, until May 24, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2016-0949 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
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 Acronyms
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec. Section
TFR Temporary Final Rule
U.S.C. United States Code
II. Background Information and Regulatory History
On March 24, 2017, the Coast Guard published a NPRM titled
``Special Local Regulations, Temporary Anchorages, and Safety Zones:
Sail Boston 2017; Port of Boston, MA'' (82 FR 15014). There we stated
why we issued the NPRM, and invited comments on our regulatory action.
During the comment period that ended on April 24, 2017, we received no
comments.
The Coast Guard is making this temporary rule effective less than
30 days after publication in the Federal Register pursuant to authority
under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C.
553(d)). This provision authorizes an agency to make a rule effective
less than 30 days after publication for good cause. We are issuing this
rule, and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good
cause exists for making it effective less than 30 days after
publication in the Federal Register because waiting the 30 days would
be impracticable and or contrary to the public interest. It would be
impracticable and or contrary to the public interest because the Sail
Boston 2017 events will be taking place starting on a definite date of
June 16, 2017, and if this rule is not made effective by the date then
it would inhibit the Coast Guard's ability to perform its statutory
mission to ensure the safety of the maritime public.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
471, 1221 through 1236, 2071 50 U.S.C. 191 and Department of Homeland
Security Delegation No. 0170.1, which collectively authorize the Coast
Guard to establish safety zones, anchorages and special local
regulations.
The Captain of the Port (COTP) Boston has determined that this rule
will provide for the safety of life on navigable waters and to protect
the participating Tall Ships, private vessels, spectators, and the Port
of Boston during Sail Boston 2017.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published on
March 24, 2017. The only change from the NPRM is that we added a
``NOTE'' following the regulatory text to advise the public that Boston
Harbor is a ``NO-DISCHARGE ZONE.'' This rule adopts a temporary special
local regulation, multiple safety zones, and temporary spectator
anchorage grounds before, during and after Sail Boston 2017.
Temporary Spectator Anchorage Grounds
The Coast Guard will add temporary section 110.T01-0949 to
establish thirteen temporary spectator anchorage grounds 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
rule also includes the temporary suspension of 33 CFR 110.138, the
Boston Harbor, Massachusetts anchorage ground, during the periods the
new spectator anchorage grounds and regulations are temporarily
established.
The anchorage regulations would temporarily establish spectator
anchorage grounds for recreational, special use, fishing, and
commercial vessels during the Sail Boston 2017 Parade of Tall Ships.
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 will 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.
The 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.
Safety Zones
The Coast Guard is establishing safety zones in section 165.T01-
0949. On June 16, 2017, tall ships participating in the parade of sail
will rally in Broad Sound.
[[Page 23732]]
The Coast Guard is establishing 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.
V. Regulatory Analyses
We developed this 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 and 13563 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. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, this rule has not been reviewed by the Office of
Management and Budget.
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 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 rule
does 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
V.A above this rule will not have a significant economic impact on any
vessel owner or operator.
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
section.
Small businesses may send comments on the actions of federal
employees who enforce, or otherwise determine compliance with, federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). 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.
C. Collection of Information
This rule does 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 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 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. If
you believe this 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 rule does not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. 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 (42 U.S.C. 4321-4370f), and have determined 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
rule involves suspending permanent anchorages, establishing temporary
spectator anchorages, establishing temporary
[[Page 23733]]
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.
These actions are categorically excluded from further review under
paragraph 34 (f), (g), and (h) of Figure 2-1 of Commandant Instruction
M16475.lD. A Record of Environmental Consideration (REC) supporting
this determination is available in the docket where indicated under
ADDRESSES.
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.
List of Subjects
33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, and Waterways.
33 CFR Part 110
Anchorage grounds.
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 parts 100, 110, and 165 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
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 p.m. on June 17, 2017 through 8 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 p.m. through 8 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 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
p.m. on June 17, 2017 through 8 a.m. on June 22, 2017.
PART 110--ANCHORAGE REGULATIONS
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, 2071; 33
CFR 1.05-1; Department of Homeland Security Delegation No. 0170.1.
Sec. 110.138 [Suspended]
0
4. From 8:00 a.m. on June 16, 2017, 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
[[Page 23734]]
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 chapter I 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 chapter I 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 chapter I 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 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.
(2) [Reserved]
(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 1 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
[[Page 23735]]
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. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
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.,
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, 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 17, 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 p.m. until
8 p.m.
Note 1 to Sec. 165.T01-0949: Boston Harbor is a NO-DISCHARGE
ZONE. No-discharge zones are designated bodies of water where the
discharge of all boat sewage, whether treated or not, is prohibited
and a violation of federal law. Boat pumpout facilities provide a
convenient way to properly dispose of boat sewage. Many of the
pumpouts in this area are pumpout vessels. These vessels have the
capacity to bring the pumpout to the boater. In order to facilitate
compliance with this no-discharge zone, the pumpout vessels will be
allowed to maneuver through the regulated zones and anchorages
grounds. For additional information on complying with vessel sewage
discharge regulations and using pumpout facilities see https://www.mass.gov/eea/agencies/czm/program-areas/coastal-water-quality/ndz/.
Dated: May 15, 2017.
C.C. Gelzer,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2017-10336 Filed 5-23-17; 8:45 am]
BILLING CODE 9110-04-P
