82_FR_15070 82 FR 15014 - Special Local Regulation, Temporary Anchorages and Safety Zones: Sail Boston 2017; Port of Boston, MA

82 FR 15014 - Special Local Regulation, Temporary Anchorages and Safety Zones: Sail Boston 2017; Port of Boston, MA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 56 (March 24, 2017)

Page Range15014-15019
FR Document2017-05748

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.

Federal Register, Volume 82 Issue 56 (Friday, March 24, 2017)
[Federal Register Volume 82, Number 56 (Friday, March 24, 2017)]
[Proposed Rules]
[Pages 15014-15019]
From the Federal Register Online  [www.thefederalregister.org]
[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 http://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 
[email protected].

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 http://www.regulations.gov. If your material cannot be 
submitted using http://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 http://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 http://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



                                                    15014                     Federal Register / Vol. 82, No. 56 / Friday, March 24, 2017 / Proposed Rules

                                                    above). In particular, the Bureau invites               SUMMARY:   The Coast Guard proposes to                estimates 1,000 spectator craft will
                                                    the public, including consumers and                     adopt a temporary special local                       attend Sail Boston 2017 events. The
                                                    their advocates, remittance transfer                    regulation, multiple safety zones, and                proposed regulations would create
                                                    providers and other industry                            temporary spectator anchorages before,                temporary spectator anchorage
                                                    representatives, industry analysts, and                 during, and after Sail Boston 2017 in the             regulations, vessel movement control
                                                    other interested persons to submit the                  Port of Boston, Massachusetts, to be                  measures, a safety zone around each
                                                    following:                                              held between June 16, 2017 and June 22,               Tall Ship while anchored, transiting,
                                                       (1) Comments on the feasibility and                  2017. These regulations are necessary to              and moored, and a safety zone for the
                                                    effectiveness of the assessment plan, the               promote the safe navigation of vessels                restart of the Rendez-Vous 2017 Tall
                                                    objectives of the Remittance Rule that                  and the safety of life and property                   Ships Regatta. The proposed regulations
                                                    the Bureau intends to emphasize in the                  during this event. We invite your                     would be in effect at various times in
                                                    assessment, and the outcomes, metrics,                  comments on this proposed rulemaking.                 the Port of Boston between June 16,
                                                    baselines and analytical methods for                    DATES: Comments and related material                  2017 and June 22, 2017. Vessel
                                                    assessing the effectiveness of the rule as              must be received by the Coast Guard on                congestion, due to the anticipated large
                                                    described in part IV above;                             or before April 24, 2017. The Coast                   number of participating and spectator
                                                       (2) Data and other factual information               Guard anticipates that this proposed                  vessels, poses a significant threat to the
                                                    that may be useful for executing the                    rule will be effective from 12:00 a.m. on             safety of life.
                                                    Bureau’s assessment plan, as described                  June 16, 2017 until 7:00 p.m. on June                    This rule provides for the safety of life
                                                    in part IV above;                                       22, 2017.                                             on navigable waters and to protect the
                                                       (3) Recommendations to improve the                   ADDRESSES: You may submit comments
                                                                                                                                                                  participating Tall Ships, private vessels,
                                                    assessment plan, as well as data, other                 identified by docket number USCG–                     spectators, and the Port of Boston
                                                    factual information, and sources of data                2016–0949 using the Federal                           during these events.
                                                    that would be useful and available to                                                                            The Coast Guard proposes this
                                                                                                            eRulemaking Portal at http://
                                                    execute any recommended                                                                                       rulemaking under authorities in 33
                                                                                                            www.regulations.gov. See the ‘‘Public
                                                    improvements to the assessment plan                                                                           U.S.C. 1233 through 1236; 49 CFR 1.46;
                                                                                                            Participation and Request for
                                                    including data on the exceptions and                                                                          33 CFR 100.35, 33 U.S.C. 471; 33 U.S.C.
                                                                                                            Comments’’ portion of the
                                                    provisions discussed at the end of part                                                                       1221 through 1236, 2030, 2035, 2071; 49
                                                                                                            SUPPLEMENTARY INFORMATION section for
                                                    IV;                                                                                                           CFR 1.46 and 33 CFR 1.05–1(g), 33
                                                                                                            further instructions on submitting
                                                       (4) Data and other factual information                                                                     U.S.C. 1225 and 1231; 50 U.S.C. 191; 49
                                                                                                            comments.
                                                    about the benefits and costs of the                                                                           CFR 1.46 and 33 CFR 1.05–1(G), 6.04–
                                                    Remittance Rule for consumers,                          FOR FURTHER INFORMATION CONTACT:   If                 1, 6.04–6, and 160.5.
                                                    remittance transfer providers, and                      you have questions about this proposed
                                                                                                            rulemaking, call or email Mark Cutter,                III. Discussion of Proposed Rule
                                                    others; and about the impacts of the rule
                                                    on transparency, efficiency, access, and                Sector Boston Waterways Management                       Sail Boston, Inc is planning to host
                                                    innovation in the remittance market;                    Division, U.S. Coast Guard; telephone                 the Tall Ships involved in the Rendez-
                                                       (5) Data and other factual information               617–223–4000, email Mark.E.Cutter@                    Vous 2017 Tall Ships Regatta in the Port
                                                    about the rule’s effectiveness in meeting               uscg.mil.                                             of Boston. The Port of Boston will be the
                                                    the purposes and objectives of Title X of               SUPPLEMENTARY INFORMATION:
                                                                                                                                                                  only U.S. Port that the Rendez-Vous
                                                    the Dodd-Frank Act (section 1021),                                                                            2017 Tall Ships Regatta will visit. The
                                                                                                            I. Table of Abbreviations                             event will commence with a parade of
                                                    which are listed in part IV above;
                                                       (6) Recommendations for modifying,                   CFR Code of Federal Regulations                       sail into Boston Harbor on June 17,
                                                    expanding, or eliminating the                           DHS Department of Homeland Security                   2017, with the participating Tall Ships
                                                    Remittance Rule.                                        FR Federal Register                                   mooring in various berths throughout
                                                                                                            NPRM Notice of proposed rulemaking                    the Port of Boston until their departure
                                                      Dated: March 15, 2017.                                § Section                                             on June 22, 2017. Upon their departure
                                                    Richard Cordray,                                        U.S.C. United States Code                             on June 22, 2017, the Tall Ships will
                                                    Director, Bureau of Consumer Financial                                                                        transit to a position approximately 5
                                                                                                            II. Background, Purpose, and Legal
                                                    Protection.                                                                                                   nautical miles east of Rockport, MA for
                                                                                                            Basis
                                                    [FR Doc. 2017–05681 Filed 3–23–17; 8:45 am]                                                                   the restart of the Rendez-Vous 2017 Tall
                                                    BILLING CODE 4810–AM–P
                                                                                                               Sail Boston, Inc. is sponsoring Sail               Ships Regatta.
                                                                                                            Boston 2017, which has been designated                   At the time of this notice, Sail Boston
                                                                                                            a Marine Event of National Significance               2017 events are expected to include the
                                                                                                            by the U.S. Coast Guard. Scheduled                    following:
                                                    DEPARTMENT OF HOMELAND                                  events will occur between June 16, 2017                  1. June 16 and June 17: 100-yard
                                                    SECURITY                                                and June 22, 2017 in the Port of Boston.              safety zone surrounding each
                                                                                                            Scheduled events will consist of Tall                 participating Tall Ship while anchored
                                                    Coast Guard
                                                                                                            Ships in a parade of sail into Boston                 in Broad Sound;
                                                                                                            Harbor on June 17, 2017, public tours of                 2. June 17: 1000-yard safety zone
                                                    33 CFR Parts 100, 110 and 165
                                                                                                            U.S. Navy vessels and Tall Ships, and                 ahead and astern and 100-yards on each
                                                    [Docket Number USCG–2016–0949]                          a U.S. Navy Blue Angels aerial                        side of participating Tall Ships during
                                                                                                            demonstration. Tall ships will depart                 the Parade of Sail;
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    RIN 1625–AA08, AA01, AA87                               Boston on June 22, 2017 for the restart                  3. June 16 and June 17: Temporary
                                                                                                            of the Rendez-Vous 2017 Tall Ships                    spectator anchorages in effect for
                                                    Special Local Regulation, Temporary                     Regatta.                                              viewing the Parade of Tall Ships
                                                    Anchorages and Safety Zones: Sail                          The purpose of this rulemaking is to               occurring on June 17, 2017;
                                                    Boston 2017; Port of Boston, MA                         ensure the safety of vessels and                         4. June 17 through June 22: U.S. Navy
                                                    AGENCY:   Coast Guard, DHS.                             spectators in the vicinity of the Port of             Vessels and multiple Tall Ships moored
                                                                                                            Boston, before, during, and after the                 in various locations throughout the Port
                                                    ACTION:   Notice of proposed rulemaking.
                                                                                                            scheduled events. The Coast Guard                     of Boston;


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                                                                              Federal Register / Vol. 82, No. 56 / Friday, March 24, 2017 / Proposed Rules                                            15015

                                                      5. June 17: U.S. Navy Blue Angels                     spectators by land, as well as water, to              of participating Tall Ships, during their
                                                    aerial demonstration;                                   Boston Harbor.                                        transit from their anchorages in Broad
                                                      6. June 17 through June 22: 25-yard                      Recognizing the significant amount of              Sound to the start of the parade of sail
                                                    safety zone around all moored Tall                      recreational boating traffic this event is            and during the parade of sail into
                                                    Ships involved in the event;                            expected to draw, the Coast Guard                     Boston Harbor. This would be enforced
                                                      7. June 17 through June 22: Public                    proposes to establish a special local                 on June 17, 2017.
                                                    tours of U.S. Navy vessels and Tall                     regulation that would create vessel                      The Coast Guard is proposing to
                                                    Ships;                                                  movement control measures in Boston                   establish 25-yard safety zones
                                                      8. June 17 through June 22: Vessel                    Harbor that will be in effect during the              surrounding participating Tall Ships
                                                    movement control measures in effect;                    entirety of the Sail Boston 2017 event.               while moored. The proposed regulations
                                                      9. June 22: Safety zone established                   This section would be designated as                   would be in effect on June 16, 2017.
                                                    approximately 5-nautical miles east of                  section 100.T01–0949.                                    These restrictions are expected to
                                                    Rockport, MA for the restart of the                        This proposed special local regulation             minimize the risks associated with the
                                                    Rendez-Vous 2017 Tall Ships Regatta.                    is needed to control vessel movement in               large number of recreational vessels
                                                                                                            order to facilitate timely law                        anticipated to be operating within the
                                                    Temporary Spectator Anchorages
                                                                                                            enforcement support vessels access to                 confines of Boston Inner Harbor during
                                                       The Coast Guard proposes to add                      Maritime and transportation facilities.               the event. The high density of
                                                    temporary section 110.T01–0949 to                       Additionally, the regulated areas will                spectators, in conjunction with the daily
                                                    establish thirteen temporary spectator                  protect the maritime public and                       commercial deep draft vessel traffic,
                                                    anchorages for spectator craft for the                  participating vessels from possible                   poses a significant threat to the safety of
                                                    arrival of the participating Tall Ships on              hazards to navigation associated with                 life and property.
                                                    June 16, 2017 and the Sail Boston 2017                  dense vessel traffic.                                    Additionally, The Coast Guard is
                                                    Parade of Tall Ships on June 17, 2017.                     The proposed local regulation for                  proposing to establish a 3000-yard by
                                                    This proposal also includes the                         vessel movement control establishes a                 2000-yard safety zone approximately 5
                                                    temporary suspension of 33 CFR                          counter-clockwise traffic pattern around              nautical miles east of Rockport, MA for
                                                    110.138, the Boston Harbor,                             Boston Inner Harbor to ensure spectator               the restart of the Rendez-Vous 2017 Tall
                                                    Massachusetts anchorage ground,                         vessels are following an organized route,             Ships Regatta. This proposed regulation
                                                    during the periods the new spectator                    facilitating the smooth flow of boating               would be in enforced on June 22, 2017
                                                    anchorages and regulations are                          traffic, thereby minimizing disruption                from 4:00 p.m. until 8:00 p.m. Though
                                                    temporarily established.                                on the waterway. A Coast Guard Patrol                 we do not anticipate many spectator
                                                       The proposed anchorage regulations                   Commander (PATCOM) will be on-                        vessels for the restart of the regatta, this
                                                    would temporarily establish spectator                   scene controlling the flow of traffic.                safety zone is necessary to minimize the
                                                    anchorages for recreational, special use,                  The waterway between the World                     risks associated with multiple tall ships
                                                    fishing, and commercial vessels during                  Trade Center Pier and the Fish Pier does              maneuvering and preparing for the
                                                    the Sail Boston 2017 Parade of Tall                     not constitute an area large enough for               restart of the Rendez-Vous 2017 Tall
                                                    Ships.                                                  unhindered navigation. Due to the                     Ships Regatta in a confined area.
                                                       The Coast Guard proposes to establish                navigation restrictions in this waterway,
                                                    these temporary spectator anchorages in                                                                       IV. Regulatory Analyses
                                                                                                            when vessels over 125 feet enter this
                                                    the vicinity of Boston North Channel,                   area, on-scene patrol personnel will halt               We developed this proposed rule after
                                                    Long Island, Deer Island, President                     the flow of vessel traffic and allow no               considering numerous statutes and
                                                    Roads, and Boston Inner Harbor. The                     other vessel to enter the channel until               Executive orders related to rulemaking.
                                                    applicable dates and times for the                      the larger vessel is clear of the narrow              Below we summarize our analyses
                                                    proposed temporary spectator                            channel.                                              based on a number of these statutes and
                                                    anchorages are from 8:00 a.m. on June                      Due to concerns of tenants at the                  Executive orders and we discuss First
                                                    16 through 4:00 p.m. on June 17, 2017.                  World Trade Center Pier and the Fish                  Amendment Rights of protestors.
                                                       On June 17, 2017, following the                      Pier, waterside viewing hours for Tall                A. Regulatory Planning and Review
                                                    Parade of Sail, vessel operators may                    Ships berthed at these facilities will be
                                                    depart from their respective anchorages                 limited to times specified in the                        Executive Orders 12866 (‘‘Regulatory
                                                    in sequence with the movement and                       regulatory text, outside of which only                Planning and Review’’) and 13563
                                                    mooring of the final flotilla of tall ships.            vessels which are tenants within the                  (‘‘Improving Regulation and Regulatory
                                                    After the final flotilla of tall ships has              channels of the World Trade Center Pier               Review’’) direct agencies to assess the
                                                    passed Castle Island, vessel operators                  and the Fish Pier will be authorized                  costs and benefits of available regulatory
                                                    anchored in spectator anchorages east of                access.                                               alternatives and, if regulation is
                                                    Castle Island may depart for locations                                                                        necessary, to select regulatory
                                                    outside of Boston Harbor. After the final               Safety Zones                                          approaches that maximize net benefits
                                                    flotilla of tall ships has safely moored,                 The Coast Guard is proposing to                     (including potential economic,
                                                    vessel operators may depart from the                    establish safety zones in section                     environmental, public health and safety
                                                    remaining established spectator                         165.T01–0949. On June 16, 2017, tall                  effects, distributive impacts, and
                                                    anchorages. Vessels transiting through                  ships participating in the parade of sail             equity). Executive Order 13563
                                                    Boston Harbor must proceed as directed                  will rally in Broad Sound. The Coast                  emphasizes the importance of
                                                    by the Captain of the Port (COTP),                      Guard is proposing to establish a 100-                quantifying both costs and benefits, of
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    Sector Boston or the COTP’s                             yard safety zone surrounding                          reducing costs, of harmonizing rules,
                                                    representative on scene.                                participating Tall Ships while they are               and of promoting flexibility. Executive
                                                                                                            anchored in Broad Sound. The                          Order 13771 (‘‘Reducing Regulation and
                                                    Special Local Regulations                               regulation would be enforced from June                Controlling Regulatory Costs’’), directs
                                                      In 1992, 2000, 2009, and 2012, similar                16 to June 17.                                        agencies to reduce regulation and
                                                    events, including Sail Boston 1992,                       The Coast Guard is proposing to                     control regulatory costs and provides
                                                    2000, 2009, and War of 1812 in 2012,                    establish 1000-yard safety zones ahead                that ‘‘for every one new regulation
                                                    drew several hundred thousand                           and astern and 100-yards on each side                 issued, at least two prior regulations be


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                                                    15016                     Federal Register / Vol. 82, No. 56 / Friday, March 24, 2017 / Proposed Rules

                                                    identified for elimination, and that the                2012. Based upon the Coast Guard’s                    between the national government and
                                                    cost of planned regulations be prudently                experiences from those previous events                the States, or on the distribution of
                                                    managed and controlled through a                        of similar magnitude, these proposed                  power and responsibilities among the
                                                    budgeting process.’’                                    regulations have been narrowly tailored               various levels of government. We have
                                                       The Office of Management and Budget                  to impose the least impact on maritime                analyzed this proposed rule under that
                                                    (OMB) has not designated this rule a                    interests while providing the necessary               Order and have determined that it is
                                                    significant regulatory action under                     level of safety.                                      consistent with the fundamental
                                                    section 3(f) of Executive Order 12866.                                                                        federalism principles and preemption
                                                    Accordingly, the Office of Management                   B. Impact on Small Entities                           requirements described in Executive
                                                    and Budget (OMB) has not reviewed it.                      The Regulatory Flexibility Act of                  Order 13132.
                                                    As this rule is not a significant                       1980, 5 U.S.C. 601–612, as amended,                      Also, this proposed rule does not have
                                                    regulatory action, this rule is exempt                  requires Federal agencies to consider                 tribal implications under Executive
                                                    from the requirements of Executive                      the potential impact of regulations on                Order 13175, Consultation and
                                                    Order 13771. See OMB’s Memorandum                       small entities during rulemaking. The                 Coordination with Indian Tribal
                                                    titled ‘‘Interim Guidance Implementing                  term ‘‘small entities’’ comprises small               Governments, because it would not have
                                                    Section 2 of the Executive Order of                     businesses, not-for-profit organizations              a substantial direct effect on one or
                                                    January 30, 2017 titled ‘Reducing                       that are independently owned and                      more Indian tribes, on the relationship
                                                    Regulation and Controlling Regulatory                   operated and are not dominant in their                between the Federal Government and
                                                    Costs’ ’’ (February 2, 2017).                           fields, and governmental jurisdictions                Indian tribes, or on the distribution of
                                                       We expect the adverse economic                       with populations of less than 50,000.                 power and responsibilities between the
                                                    impact of this proposed rule to be                      The Coast Guard certifies under 5 U.S.C.              Federal Government and Indian tribes.
                                                    minimal. Although this regulation may                   605(b) that this proposed rule would not              If you believe this proposed rule has
                                                    have some adverse impact on the                         have a significant economic impact on                 implications for federalism or Indian
                                                    public, the potential impact will be                    a substantial number of small entities.               tribes, please contact the person listed
                                                    minimized for the following reasons:                       While some owners or operators of                  in the FOR FURTHER INFORMATION
                                                       Although this regulation imposes                     vessels intending to transit Boston                   CONTACT Section.
                                                    temporary spectator anchorages, traffic                 Harbor may be small entities, for the
                                                    control measures, and safety zones in                                                                         E. Unfunded Mandates Reform Act
                                                                                                            reasons stated in section IV.A above,
                                                    portions of Boston Harbor during the                    this proposed rule would not have a                     The Unfunded Mandates Reform Act
                                                    events, the effect of this regulation will              significant economic impact on any                    of 1995 (2 U.S.C. 1531–1538) requires
                                                    not be significant for the following                    vessel owner or operator.                             Federal agencies to assess the effects of
                                                    reasons: Vessels needing to depart the                     If you think that your business,                   their discretionary regulatory actions. In
                                                    temporary spectator anchorages may do                   organization, or governmental                         particular, the Act addresses actions
                                                    so with permission from the COTP’s                      jurisdiction qualifies as a small entity              that may result in the expenditure by a
                                                    designated on-scene representative and                  and that this rule would have a                       State, local, or tribal government, in the
                                                    vessels will have sufficient transit room               significant economic impact on it,                    aggregate, or by the private sector of
                                                    around the outer edge of the designated                 please submit a comment (see                          $100,000,000 (adjusted for inflation) or
                                                    anchorages. The traffic control measures                ADDRESSES) explaining why you think it                more in any one year. Though this
                                                    are confined to areas of minimal                        qualifies and how and to what degree                  proposed rule would not result in such
                                                    distance, they follow the natural flow of               this rule would economically affect it.               expenditure, we do discuss the effects of
                                                    Boston Harbor traffic, they are in                         Under section 213(a) of the Small                  this rule elsewhere in this preamble.
                                                    compliance with the navigational rules                  Business Regulatory Enforcement                       F. Environment
                                                    of the road, and crossovers have been                   Fairness Act of 1996 (Pub. L. 104–121),
                                                    established for vessels wanting to                      we want to assist small entities in                     We have analyzed this proposed rule
                                                    change direction. The 25-yard safety                    understanding this proposed rule. If the              under Department of Homeland
                                                    zone around participating Tall Ships                    rule would affect your small business,                Security Management Directive 023–01
                                                    while moored will have no impact to                     organization, or governmental                         and Commandant Instruction
                                                    vessel movement in Boston Harbor and                    jurisdiction and you have questions                   M16475.lD, which guide the Coast
                                                    will only be in place during the 5 days                 concerning its provisions or options for              Guard in complying with the National
                                                    of Sail Boston activities. Sail Boston,                 compliance, please contact the person                 Environmental Policy Act of 1969 (42
                                                    Inc. over the past 6 months has held                    listed in the FOR FURTHER INFORMATION                 U.S.C. 4321–4370f), and have made a
                                                    multiple public meetings discussing                     CONTACT Section. The Coast Guard will                 preliminary determination that this
                                                    Sail Boston 2017 events and during each                 not retaliate against small entities that             action is one of a category of actions that
                                                    meeting, these proposals have been                      question or complain about this                       do not individually or cumulatively
                                                    discussed. An extensive advance notice                  proposed rule or any policy or action of              have a significant effect on the human
                                                    will be made to mariners via                            the Coast Guard.                                      environment. This proposed rule
                                                    appropriate means, which may include                                                                          involves suspending permanent
                                                    broadcast notice to mariners, local                     C. Collection of Information                          anchorages, proposing temporary
                                                    notice to mariners, facsimile, marine                     This proposed rule would not call for               spectator anchorages, establishing
                                                    safety information bulletin, local Port                 a new collection of information under                 temporary safety zones, and traffic
                                                    Operators Group meetings, Harbor                        the Paperwork Reduction Act of 1995                   control measures to facilitate the safety
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                                                    Safety Committee meetings, the Internet,                (44 U.S.C. 3501–3520).                                of all vessels participating, watching the
                                                    USCG Sector Boston Homeport Web                                                                               Parade of Tall Ships and the viewing of
                                                    page, handouts, and local newspapers                    D. Federalism and Indian Tribal                       the moored Tall Ships during the Sail
                                                    and media. The advance notice will                      Governments                                           Boston 2017 event. Such actions are
                                                    permit mariners to adjust their plans                      A rule has implications for federalism             categorically excluded from further
                                                    accordingly. Similar restrictions were                  under Executive Order 13132,                          review under paragraphs 34(4), (g), and
                                                    established for other Sail Boston events                Federalism, if it has a substantial direct            (h) of Figure 2–1 of Commandant
                                                    in 1992, 2000, 2009, and War of 1812 in                 effect on the States, on the relationship             Instruction M16475.lD. A preliminary


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                                                                              Federal Register / Vol. 82, No. 56 / Friday, March 24, 2017 / Proposed Rules                                            15017

                                                    environmental analysis checklist and                    List of Subjects                                      or any Federal, state, or local law
                                                    Categorical Exclusion Determination are                                                                       enforcement officer who has been
                                                                                                            33 CFR Part 100
                                                    available in the docket where indicated                                                                       designated by the COTP to act on the
                                                    under ADDRESSES. We seek any                              Marine safety, Navigation (water),                  COTP’s behalf. The COTP’s
                                                    comments or information that may lead                   Reporting and recordkeeping                           representative may be on a Coast Guard
                                                    to the discovery of a significant                       requirements, and Waterways.                          vessel, a Coast Guard Auxiliary vessel,
                                                    environmental impact from this                          33 CFR Part 110                                       a federal, state or local law enforcement
                                                    proposed rule.                                                                                                or safety vessel, or a location on shore.
                                                                                                              Anchorages Grounds.                                    (3) From 4:00 p.m. on June 17, 2017
                                                    G. Protest Activities                                   33 CFR Part 165                                       through 8:00 a.m. on June 22, 2017,
                                                                                                                                                                  vessel control measures will be
                                                      The Coast Guard respects the First                      Harbors, Marine safety, Navigation                  implemented. The traffic pattern will be
                                                    Amendment Rights of protesters.                         (water), Reporting and record keeping                 in a counterclockwise rotation, such
                                                    Protesters are asked to contact the                     requirements, Security measures,                      that all vessels shall stay generally as far
                                                    person listed in the FOR FURTHER                        Waterways.                                            to the starboard side of the channel as
                                                    INFORMATION CONTACT Section to                            For the reasons discussed in the                    is safe and practicable.
                                                    coordinate protest activities so that your              preamble, the Coast Guard proposes to                    (4) To facilitate commercial ferry
                                                    message can be received without                         amend 33 CFR parts 100, 110, and 165                  traffic with minimal disruption,
                                                    jeopardizing the safety or security of                  as follows:                                           commercial ferries within the regulated
                                                    people, places, or vessels.                                                                                   area, moving between stops on their
                                                                                                            PART 100—REGATTAS AND MARINE                          normal routes, will be exempt from the
                                                    V. Public Participation and Request for                 PARADES                                               mandatory counterclockwise traffic
                                                    Comments                                                                                                      pattern. This exemption does not give
                                                                                                            ■ 1. The authority citation for part 100
                                                                                                                                                                  ferries navigational precedence or in
                                                       We view public participation as                      continues to read as follows:
                                                                                                                                                                  any way alter their responsibilities
                                                    essential to effective rulemaking, and                    Authority: 33 U.S.C. 1233 through 1236;             under the Rules of the Road or any other
                                                    will consider all comments and material                 49 CFR 1.46; 33 CFR 100.35.                           pertinent regulations.
                                                    received during the comment period.                     ■ 2. Add § 100.T01–0949 to read as                       (5) Vessel operators transiting the
                                                    Your comment can help shape the                         follows:                                              waterway between the World Trade
                                                    outcome of this rulemaking. If you                                                                            Center and Fish Pier must enter and
                                                    submit a comment, please include the                    § 100.T01–0949 Special Local Regulation:              keep to the starboard side of the
                                                    docket number for this rulemaking,                      Sail Boston 2017; Port of Boston, MA
                                                                                                                                                                  channel, proceeding as directed by the
                                                    indicate the specific section of this                      (a) Location: This special local                   on-scene COTP’s representative. Vessel
                                                    document to which each comment                          regulation establishes a regulated area to            traffic shall move in a counterclockwise
                                                    applies, and provide a reason for each                  include all waters west of a line drawn               direction around a turning point as
                                                    suggestion or recommendation.                           from the monument at Castle Island in                 marked by an appropriate on-scene
                                                                                                            approximate position 42°20′21″ N.,                    COTP’s representative.
                                                       We encourage you to submit                           71°00′37″ W., to the Logan Airport                       (6) Vessel operators transiting this
                                                    comments through the Federal                            Security Zone Buoy ‘‘24’’ in                          area must maintain at least a twenty five
                                                    eRulemaking Portal at http://                           approximate position 42°20′45″ N.,                    (25) yard safe distance from all
                                                    www.regulations.gov. If your material                   71°00′29″ W., and then to land in                     participating Sail Boston Tall Ships and
                                                    cannot be submitted using http://                       approximate position 42°20′48″ N.,                    must make way for all deep draft vessel
                                                    www.regulations.gov, contact the person                 71°00′27″ W., including the Reserved                  traffic underway in the area.
                                                    in the FOR FURTHER INFORMATION                          Channel to the Summer Street retractile                  (7) When a vessel greater than 125 feet
                                                    CONTACT Section of this document for                    bridge in approximate position                        enters the waterway between the World
                                                    alternate instructions.                                 42°20′34″ N., 71°02′11″ W., the Charles               Trade Center and the Fish Pier, no other
                                                       We accept anonymous comments. All                    River to the Gridley Locks at the Charles             vessel will be allowed to enter until the
                                                    comments received will be posted                        River Dam in approximate position                     larger vessel departs that area, unless
                                                    without change to http://                               42°22′07″ N., 71°03′40″ W., the Mystic                authorized by the on-scene COTP’s
                                                    www.regulations.gov and will include                    River at the Alford Street Bridge in                  representative.
                                                                                                            approximate position 42°23′22″ N.,                       (8) From 10:00 p.m. through 8:00 a.m.
                                                    any personal information you have
                                                                                                            71°04′16″ W., and the Chelsea River to                daily, while the regulated area is in
                                                    provided. For more about privacy and
                                                                                                            the McArdle Bridge in approximate                     effect, only vessels which are tenants
                                                    the docket, you may review a Privacy                    position 42°23′09″ N., 71°02′21″ W.                   within the channels of the World Trade
                                                    Act notice regarding the Federal Docket                    (b) Special Local Regulations. (1)                 Center and the Fish Pier will be
                                                    Management System in the March 24,                      During the effective period, vessel                   authorized access.
                                                    2005, issue of the Federal Register (70                 operators transiting through the                         (9) The COTP may control the
                                                    FR 15086).                                              regulated area shall proceed in a                     movement of all vessels operating on
                                                       Documents mentioned in this NPRM                     counterclockwise direction at no wake                 the navigable waters of Boston Harbor
                                                    as being available in the docket, and all               speeds not to exceed five knots, unless               when the COTP has determined that
                                                                                                            otherwise authorized by the Captain of                such orders are justified in the interest
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                                                    public comments, will be in our online
                                                    docket at http://www.regulations.gov                    the Port.                                             of safety by reason of weather, visibility,
                                                    and can be viewed by following that                        (2) Vessel operators shall comply with             sea conditions, temporary port
                                                    Web site’s instructions. Additionally, if               the directions and orders of the COTP                 congestion, or other temporary hazards
                                                    you go to the online docket and sign up                 or the COTP’s representative, upon                    circumstance.
                                                                                                            being hailed by siren, radio, flashing                   (10) To obtain permissions required
                                                    for email alerts, you will be notified
                                                                                                            lights, or other means. The COTP’s                    by this regulation, individuals may
                                                    when comments are posted or a final
                                                                                                            representative may be any Coast Guard                 reach the COTP or a COTP
                                                    rule is published.
                                                                                                            commissioned, warrant, or petty officer               representative via VHF channel 16 or


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                                                    15018                     Federal Register / Vol. 82, No. 56 / Friday, March 24, 2017 / Proposed Rules

                                                    617–223–5757 (Sector Boston Command                     42°21′19″ N./071°01′37″ W., 42°21′25″                    (10) Anchorage 10. (i) All waters
                                                    Center).                                                N./071°01′33″ W., 42°21′09″ N./                       bounded by the following coordinates:
                                                      (11) Penalties. Those who violate this                071°01′02″ W., and 42°21′04″ N./                      42°19′44″ N./070°58′44″ W., 42°19′58″
                                                    section are subject to the penalties set                071°01′06″.                                           N./070°58′47″ W., 42°19′55″ N./
                                                    forth in 33 U.S.C. 1232 and 50 U.S.C.                      (ii) This anchorage ground is                      070°57′28″ W., and 42°19′43″ N./
                                                    192.                                                    designated for the exclusive use of                   070°57′35″.
                                                      (c) Enforcement Period. This                          inspected and uninspected small                          (ii) This anchorage ground is
                                                    regulation is will be enforced from 4:00                passenger vessels (certificated by the                designated for the exclusive use of
                                                    p.m. on June 17, 2017 through 8:00 a.m.                 Coast Guard under Subchapters T and K                 recreational vessels with no overnight
                                                    on June 22, 2017.                                       of Title 46, Code of Federal                          anchoring. This anchorage is only
                                                                                                            Regulations), and charter vessels that do             applicable from 6 a.m. on June 17, 2017
                                                    PART 110—ANCHORAGES GROUND                              not exceed 50 feet in height above the                until 4 p.m. on June 17, 2017.
                                                    ■ 3. The authority citation for part 110                water line.                                              (11) Anchorage 11. (i) All waters
                                                    continues to read as follows:                              (5) Anchorage 5. (i) All waters                    bounded by the following coordinates:
                                                                                                            bounded by the following coordinates:                 42°20′30″ N./070°56′30″ W., 42°21′58″
                                                      Authority: 33 U.S.C. 471; 33 U.S.C. 1221              42°21′04″ N./071°01′06″ W., 42°21′09″                 N./070°56′05″ W., and 42°21′32″ N./
                                                    through 1236, 2030, 2035, 2071; 49 CFR 1.46
                                                                                                            N./071°01′02″ W., 42°20′48″ N./                       070°55′27″.
                                                    and 33 CFR 1.05–1(g).
                                                                                                            071°00′29″ W., and 42°20′47″ N./                         (ii) This anchorage ground is
                                                    § 110.138   [Suspended]                                 071°00′29″.                                           designated for the exclusive use of late
                                                    ■ 4. From 8:00 a.m. on June 16 through                     (ii) This anchorage ground is                      arriving recreational vessels and no
                                                    4:00 p.m. on June 17, 2017, suspend                     designated for the exclusive use of                   overnight anchoring. This anchorage is
                                                    § 110.138.                                              inspected and uninspected small                       only applicable from 6 a.m. on June 17,
                                                    ■ 5. Add § 110.T01–0949 to read as                      passenger vessels (certificated by the                2017 until 4 p.m. on June 17, 2017.
                                                    follows:                                                Coast Guard under Subchapters T and K                    (12) Anchorage 12. (i) All waters
                                                                                                            of Title 46, Code of Federal                          bounded by the following coordinates:
                                                    § 110.T01–0949 Temporary Anchorages:                    Regulations), and charter vessels that do             42°20′07″ N./070°56′28″ W., 42°21′43″
                                                    Sail Boston 2017; Port of Boston, MA.                   not exceed 50 feet in height above the                N./070°54′51″ W., 42°21′18″ N./
                                                      (a) Anchorages. All anchorages in this                water line.                                           070°54′29″ W., and 42°20′05″ N./
                                                    paragraph are applicable as specified.                     (6) Anchorage 6. (i) All waters                    070°55′51″.
                                                    Vessel operators using the anchorages in                bounded by the following coordinates:                    (ii) This anchorage ground is
                                                    this paragraph must comply with the                     42°20′09″ N./070°59′39″ W., 42°20′23″                 designated for the exclusive use of late
                                                    general operational requirements                        N./070°59′32″ W., 42°20′19″ N./                       arriving recreational vessels and no
                                                    specified in paragraph (b) and (c) of this              071°59′17″ W., and 42°20′07″ N./                      overnight anchoring. This anchorage is
                                                    section. All coordinates are NAD 1983.                  070°59′24″.                                           only applicable from 6 a.m. on June 17,
                                                      (1) Anchorage 1. (i). All waters                         (ii) This anchorage ground is                      2017 until 4 p.m. on June 17, 2017.
                                                    bounded by the following coordinates:                   designated for the exclusive use of                      (13) Anchorage 13. (i) All waters
                                                    42°22′06″ N./071°02′43″ W., 42°22′11″                   recreational vessels.                                 bounded by the following coordinates:
                                                    N./071°02′39″ W., 42°22′07″ N./                            (7) Anchorage 7. (i) All waters                    42°19′55″ N./070°56′40″ W., 42°20′06″
                                                    071°02′32″ W., and 42°22′03″ N./                        bounded by the following coordinates:                 N./070°56′28″ W., 42°20′05″ N./
                                                    071°02′35″ W.                                           42°20′06″ N./070°59′23″ W., 42°20′36″                 070°55′51″ W., and 42°19′51″ N./
                                                      (ii) This anchorage ground is                         N./070°59′06″ W., 42°20′34″ N./                       070°56′05″.
                                                    designated for the exclusive use of                     070°58′31″ W., and 42°20′05″ N./                         (ii) This anchorage ground is
                                                    recreational vessels that are 45 feet or                070°58′45″.                                           designated for the exclusive use of
                                                    less in length and have superstructures                    (ii) This anchorage ground is                      inspected and uninspected small
                                                    that do not exceed 10 feet in height.                   designated for the exclusive use of                   passenger vessels (certificated by the
                                                      (2) Anchorage 2. (i) All waters                       recreational vessels.                                 Coast Guard under Subchapters T and K
                                                    bounded by the following coordinates:                      (8) Anchorage 8. (i) All waters                    of Title 46, Code of Federal
                                                    42°21′41″ N./071°02′25″ W., 42°21′47″                   bounded by the following coordinates:                 Regulations), and charter vessels. This
                                                    N./071°02′20″ W., 42°21′35″ N./                         42°20′06″ N./070°58′43″ W., 42°20′35″                 anchorage is only applicable from 6 a.m.
                                                    071°01′53″ W., and 42°21′29″ N./                        N./070°58′28″ W., 42°20′33″ N./                       on June 17, 2017 until 4 p.m. on June
                                                    071°01′58″ W.                                           070°57′29″ W., and 42°20′05″ N./                      17, 2017.
                                                      (ii) This anchorage ground is                         070°57′31″.                                              (b) The regulations. The anchorages
                                                    designated for the exclusive use of                        (ii) This anchorage ground is                      designated in paragraphs (a)(1) through
                                                    recreational vessels that are 45 feet or                designated a general anchorage with no                (13) of this section are subject to the
                                                    less in length and have superstructures                 restrictions.                                         following regulations:
                                                    that do not exceed 10 feet in height.                      (9) Anchorage 9. (i) All waters                       (1) General Operational Requirements
                                                      (3) Anchorage 3. (i) All waters                       bounded by the following coordinates:                 for all anchorages. Vessel operators
                                                    bounded by the following coordinates:                   42°19′45″ N./070°59′55″ W., 42°19′58″                 using any of the anchorages established
                                                    42°21′26″ N./071°01′51″ W., 42°21′32″                   N./070°59′55″ W., 42°19′57″ N./                       in this section shall:
                                                    N./071°01′47″ W., 42°21′25″ N./                         070°58′47″ W., and 42°19′44″ N./                         (i) Ensure their vessels are properly
                                                    071°01′33″ W., and 42°21′19″ N./                        070°58′47″.                                           anchored and remain safely in position
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                                                    071°01′37″.                                                (ii) This anchorage ground is                      at anchor during marine events.
                                                      (ii) This anchorage ground is                         designated as general transient                          (ii) Vessel operators shall comply
                                                    designated for the exclusive use of                     anchorage for all vessels that do not                 with the directions and orders of the
                                                    recreational vessels that are 45 feet or                exceed 50 feet in height above the water              COTP or the COTP’s representatives,
                                                    less in length and their height above                   line, with no overnight anchoring. This               upon being hailed by siren, radio,
                                                    water does not to exceed 50 feet.                       anchorage is only applicable from 6 a.m.              flashing lights, or other means. The
                                                      (4) Anchorage 4. (i) All waters                       on June 17, 2017 until 4 p.m. on June                 COTP’s representative may be any Coast
                                                    bounded by the following coordinates:                   17, 2017.                                             Guard commissioned, warrant, or petty


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                                                                              Federal Register / Vol. 82, No. 56 / Friday, March 24, 2017 / Proposed Rules                                                15019

                                                    officer or any Federal, state, or local law             PART 165—REGULATED NAVIGATION                         the directions and orders of the COTP
                                                    enforcement officer who has been                        AREAS AND LIMITED ACCESS AREAS                        or the COTP’s representative. Upon
                                                    designated by the COTP to act on the                                                                          being hailed by siren, radio, flashing
                                                    COTP’s behalf. The COTP’s                               ■ 6. The authority citation for part 165              lights, or other means, the operator of a
                                                    representative may be on a Coast Guard                  continues to read as follows:                         vessel within the zone shall proceed as
                                                    vessel, a Coast Guard Auxiliary vessel,                   Authority: 33 U.S.C. 1225 and 1231; 50              directed. Any person or vessel within
                                                    a federal, state, or local law enforcement              U.S.C. 191; 49 CFR 1.46 and 33 CFR 1.05–              the security zone shall exit the zone
                                                    or safety vessel, or a location on shore.               1(G), 6.04–1, 6.04–6, and 160.5.                      when directed by the COTP or the
                                                       (iii) Vacate anchorages after                        ■ 7. Add § 165.T01–0949 to read as                    COTP’s representative.
                                                    termination of their effective periods.                 follows:                                                 (3) To obtain permissions required by
                                                       (iv) Buoy with identifiable markers                                                                        this regulation, individuals may reach
                                                                                                            § 165.T01–0949 Safety Zone: Sail Boston               the COTP or a COTP representative via
                                                    and release anchors fouled on lobster                   2017; Port of Boston, MA.
                                                    trap lines if such anchors cannot be                                                                          VHF channel 16 or 617–223–5757
                                                                                                               (a) Location. The following are safety             (Sector Boston Command Center) to
                                                    freed or raised.
                                                                                                            zones (all coordinates are NAD 1983):                 obtain permission.
                                                       (v) Display anchor lights when                          (1) All navigable waters from surface                 (4) Penalties. Those who violate this
                                                    anchoring at night in any anchorage.                    to bottom, within a 100-yard radius of                section are subject to the penalties set
                                                       (vi) Do not leave vessels unattended                 each participating Tall Ship while                    forth in 33 U.S.C. 1232 and 50 U.S.C.
                                                    in any anchorage at any time.                           anchored in Broad Sound.                              192.
                                                       (vii) Do not tie off to any aid to                      (2) All navigable waters from surface                 (c) COTP Representative. The COTP’s
                                                    navigation or buoy.                                     to bottom, within 1000-yards ahead and                representative may be any Coast Guard
                                                       (ix) Maintain at least 20 feet of                    astern and 100-yards on each side of                  commissioned, warrant, or petty officer
                                                    clearance if maneuvering between                        participating Tall Ships, during their                or any Federal, state, or local law
                                                    anchored vessels.                                       transit from anchorage to mooring.                    enforcement officer who has been
                                                       (x) Do not nest or tie off to other                     (3) All navigable waters from surface              designated by the COTP to act on the
                                                    vessels in that anchorage.                              to bottom, within 25-yards surrounding                COTP’s behalf. The COTP’s
                                                       (xi) Based on COTP approval and                      participating Tall Ships while moored at              representative may be on a Coast Guard
                                                    direction, vessels commercially engaged                 various locations throughout the Port of              vessel, a Coast Guard Auxiliary vessel,
                                                    in the collection and legal disposal of                 Boston.                                               a federal, state or local law enforcement
                                                                                                               (4) All navigable waters from surface              or safety vessel, or a location on shore.
                                                    marine sewage may operate within
                                                                                                            to bottom, bounded within the                            (d) Enforcement dates. Paragraph
                                                    spectator anchorages during the
                                                                                                            following points (NAD 83): From                       (a)(1) of this section is applicable on
                                                    applicable periods.
                                                                                                            42°39.00′ N., 070°26.00′ W., thence to                June 16, 2017 through June 17, 2017.
                                                       (c) Enforcement dates. This section                  42°39.00′ N., 070°24.00′ W., thence to
                                                    will be enforced from 8:00 a.m. on June                                                                       Paragraph (a)(2) of this section is
                                                                                                            42°38.00′ N., 070°24.00′ W., thence to                applicable on June 16, 2017. Paragraph
                                                    16, 2017 through 4:00 p.m. on June 17,                  42°38.00′ N N., 070°26.00′ W., thence to
                                                    2017 unless otherwise noted.                                                                                  (a)(3) of this section is applicable on
                                                                                                            the first point.                                      June 17, 2017 through June 22, 2017.
                                                      NOTE TO § 110.T01–0949: Caution: The                     (b) Regulations. While these safety                Paragraph (a)(4) of this section is
                                                    designated spectator anchorages in this                 zones are being enforced, the following
                                                    section have not been specially surveyed or
                                                                                                                                                                  applicable on June 22, 2017 from 4:00
                                                                                                            regulations, along with those contained               p.m. until 8:00 p.m.
                                                    inspected and navigational charts may not               in 33 CFR 165.23, apply:
                                                    show all seabed obstructions or shallowest                                                                      Dated: March 17, 2017.
                                                                                                               (1) No person or vessel may enter or
                                                    depths. Additionally, the anchorages are in                                                                   C.C. Gelzer,
                                                    areas of substantial currents. Mariners who             remain in a safety zone without the
                                                                                                            permission of the COTP, Sector Boston                 Captain, U.S. Coast Guard, Captain of the
                                                    use these temporary anchorages should take
                                                                                                            or the COTP’s representative.                         Port Boston.
                                                    appropriate precautions, including using all
                                                    means available to ensure vessels are not                  (2) Any person or vessel permitted to              [FR Doc. 2017–05748 Filed 3–23–17; 8:45 am]
                                                    dragging anchor.                                        enter the safety zones shall comply with              BILLING CODE 9110–04–P
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Document Created: 2018-02-01 15:10:56
Document Modified: 2018-02-01 15:10:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments 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.
ContactIf 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 [email protected]
FR Citation82 FR 15014 
RIN Number1625-AA08
CFR Citation33 CFR 100
33 CFR 110
33 CFR 165
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Waterways; Anchorages Grounds; Harbors; Reporting and Record Keeping Requirements and Security Measures

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