82 FR 23731 - 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 99 (May 24, 2017)

Page Range		23731-23735
FR Document		2017-10336
The Coast Guard is adopting a temporary special local regulation, multiple safety zones, and temporary spectator anchorages before, during, and after Sail Boston 2017 in the Port of Boston, Massachusetts, to be held between June 16, 2017 and June 22, 2017. These regulations are necessary to promote the safe navigation of vessels and the safety of life and property during this event.
Federal Register, Volume 82 Issue 99 (Wednesday, May 24, 2017)
[Federal Register Volume 82, Number 99 (Wednesday, May 24, 2017)]
[Rules and Regulations]
[Pages 23731-23735]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10336]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100, 110, and 165

[Docket No. USCG-2016-0949]
RIN 1625-AA08; AA01, AA87


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

DATES: This rule is effective without actual notice from May 24, 2017 
until June 22, 2017, except that the suspension of Sec.  110.138 is 
effective from 8:00 a.m. on June 16, 2017, through 4:00 p.m. on June 
17, 2017. For the purposes of enforcement, actual notice will be used 
from the date the rule was signed, May 15, 2017, until May 24, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0949 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mark Cutter, Sector Boston Waterways Management Division, 
U.S. Coast Guard; telephone 617-223-4000, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Acronyms

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section
TFR Temporary Final Rule
U.S.C. United States Code

II. Background Information and Regulatory History

    On March 24, 2017, the Coast Guard published a NPRM titled 
``Special Local Regulations, Temporary Anchorages, and Safety Zones: 
Sail Boston 2017; Port of Boston, MA'' (82 FR 15014). There we stated 
why we issued the NPRM, and invited comments on our regulatory action. 
During the comment period that ended on April 24, 2017, we received no 
comments.
    The Coast Guard is making this temporary rule effective less than 
30 days after publication in the Federal Register pursuant to authority 
under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 
553(d)). This provision authorizes an agency to make a rule effective 
less than 30 days after publication for good cause. We are issuing this 
rule, and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good 
cause exists for making it effective less than 30 days after 
publication in the Federal Register because waiting the 30 days would 
be impracticable and or contrary to the public interest. It would be 
impracticable and or contrary to the public interest because the Sail 
Boston 2017 events will be taking place starting on a definite date of 
June 16, 2017, and if this rule is not made effective by the date then 
it would inhibit the Coast Guard's ability to perform its statutory 
mission to ensure the safety of the maritime public.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
471, 1221 through 1236, 2071 50 U.S.C. 191 and Department of Homeland 
Security Delegation No. 0170.1, which collectively authorize the Coast 
Guard to establish safety zones, anchorages and special local 
regulations.
    The Captain of the Port (COTP) Boston has determined that this rule 
will provide for the safety of life on navigable waters and to protect 
the participating Tall Ships, private vessels, spectators, and the Port 
of Boston during Sail Boston 2017.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published on 
March 24, 2017. The only change from the NPRM is that we added a 
``NOTE'' following the regulatory text to advise the public that Boston 
Harbor is a ``NO-DISCHARGE ZONE.'' This rule adopts a temporary special 
local regulation, multiple safety zones, and temporary spectator 
anchorage grounds before, during and after Sail Boston 2017.

Temporary Spectator Anchorage Grounds

    The Coast Guard will add temporary section 110.T01-0949 to 
establish thirteen temporary spectator anchorage grounds for spectator 
craft for the arrival of the participating Tall Ships on June 16, 2017 
and the Sail Boston 2017 Parade of Tall Ships on June 17, 2017. This 
rule also includes the temporary suspension of 33 CFR 110.138, the 
Boston Harbor, Massachusetts anchorage ground, during the periods the 
new spectator anchorage grounds and regulations are temporarily 
established.
    The anchorage regulations would temporarily establish spectator 
anchorage grounds for recreational, special use, fishing, and 
commercial vessels during the Sail Boston 2017 Parade of Tall Ships.

Special Local Regulations

    In 1992, 2000, 2009, and 2012, similar events, including Sail 
Boston 1992, 2000, 2009, and War of 1812 in 2012, drew several hundred 
thousand spectators by land, as well as water, to Boston Harbor.
    Recognizing the significant amount of recreational boating traffic 
this event is expected to draw, the Coast Guard will establish a 
special local regulation that would create vessel movement control 
measures in Boston Harbor that will be in effect during the entirety of 
the Sail Boston 2017 event. This section would be designated as section 
100.T01-0949.
    The special local regulation is needed to control vessel movement 
in order to facilitate timely law enforcement support vessels access to 
Maritime and transportation facilities. Additionally, the regulated 
areas will protect the maritime public and participating vessels from 
possible hazards to navigation associated with dense vessel traffic.

Safety Zones

    The Coast Guard is establishing safety zones in section 165.T01-
0949. On June 16, 2017, tall ships participating in the parade of sail 
will rally in Broad Sound.

[[Page 23732]]

The Coast Guard is establishing a 100-yard safety zone surrounding 
participating Tall Ships while they are anchored in Broad Sound. The 
regulation would be enforced from June 16 to June 17.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget.
    Although this regulation imposes temporary spectator anchorages, 
traffic control measures, and safety zones in portions of Boston Harbor 
during the events, the effect of this regulation will not be 
significant for the following reasons: Vessels needing to depart the 
temporary spectator anchorages may do so with permission from the 
COTP's designated on-scene representative and vessels will have 
sufficient transit room around the outer edge of the designated 
anchorages. The traffic control measures are confined to areas of 
minimal distance, they follow the natural flow of Boston Harbor 
traffic, they are in compliance with the navigational rules of the 
road, and crossovers have been established for vessels wanting to 
change direction. The 25-yard safety zone around participating Tall 
Ships while moored will have no impact to vessel movement in Boston 
Harbor and will only be in place during the 5 days of Sail Boston 
activities. Sail Boston, Inc. over the past 6 months has held multiple 
public meetings discussing Sail Boston 2017 events and during each 
meeting, these proposals have been discussed. An extensive advance 
notice will be made to mariners via appropriate means, which may 
include broadcast notice to mariners, local notice to mariners, 
facsimile, marine safety information bulletin, local Port Operators 
Group meetings, Harbor Safety Committee meetings, the Internet, USCG 
Sector Boston Homeport Web page, handouts, and local newspapers and 
media. The advance notice will permit mariners to adjust their plans 
accordingly. Similar restrictions were established for other Sail 
Boston events in 1992, 2000, 2009, and War of 1812 in 2012. Based upon 
the Coast Guard's experiences from those previous events of similar 
magnitude, these regulations have been narrowly tailored to impose the 
least impact on maritime interests while providing the necessary level 
of safety.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
does not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit 
Boston Harbor may be small entities, for the reasons stated in section 
V.A above this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of federal 
employees who enforce, or otherwise determine compliance with, federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule does not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves suspending permanent anchorages, establishing temporary 
spectator anchorages, establishing temporary

[[Page 23733]]

safety zones, and traffic control measures to facilitate the safety of 
all vessels participating, watching the Parade of Tall Ships and the 
viewing of the moored Tall Ships during the Sail Boston 2017 event. 
These actions are categorically excluded from further review under 
paragraph 34 (f), (g), and (h) of Figure 2-1 of Commandant Instruction 
M16475.lD. A Record of Environmental Consideration (REC) supporting 
this determination is available in the docket where indicated under 
ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

List of Subjects

33 CFR Part 100

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

33 CFR Part 110

    Anchorage grounds.

33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR parts 100, 110, and 165 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority: 33 U.S.C. 1233.


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


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

    (a) Location: This special local regulation establishes a regulated 
area to include all waters west of a line drawn from the monument at 
Castle Island in approximate position 42[deg]20'21'' N., 71[deg]00'37'' 
W., to the Logan Airport Security Zone Buoy ``24'' in approximate 
position 42[deg]20'45'' N., 71[deg]00'29'' W., and then to land in 
approximate position 42[deg]20'48'' N., 71[deg]00'27'' W., including 
the Reserved Channel to the Summer Street retractile bridge in 
approximate position 42[deg]20'34'' N., 71[deg]02'11'' W., the Charles 
River to the Gridley Locks at the Charles River Dam in approximate 
position 42[deg]22'07'' N., 71[deg]03'40'' W., the Mystic River at the 
Alford Street Bridge in approximate position 42[deg]23'22'' N., 
71[deg]04'16'' W., and the Chelsea River to the McArdle Bridge in 
approximate position 42[deg]23'09'' N., 71[deg]02'21'' W.
    (b) Special Local Regulations. (1) During the effective period, 
vessel operators transiting through the regulated area shall proceed in 
a counterclockwise direction at no wake speeds not to exceed five 
knots, unless otherwise authorized by the Captain of the Port.
    (2) Vessel operators shall comply with the directions and orders of 
the COTP or the COTP's representative, upon being hailed by siren, 
radio, flashing lights, or other means. The COTP's representative may 
be any Coast Guard commissioned, warrant, or petty officer or any 
federal, state, or local law enforcement officer who has been 
designated by the COTP to act on the COTP's behalf. The COTP's 
representative may be on a Coast Guard vessel, a Coast Guard Auxiliary 
vessel, a federal, state or local law enforcement or safety vessel, or 
a location on shore.
    (3) From 4 p.m. on June 17, 2017 through 8 a.m. on June 22, 2017, 
vessel control measures will be implemented. The traffic pattern will 
be in a counterclockwise rotation, such that all vessels shall stay 
generally as far to the starboard side of the channel as is safe and 
practicable.
    (4) To facilitate commercial ferry traffic with minimal disruption, 
commercial ferries within the regulated area, moving between stops on 
their normal routes, will be exempt from the mandatory counterclockwise 
traffic pattern. This exemption does not give ferries navigational 
precedence or in any way alter their responsibilities under the Rules 
of the Road or any other pertinent regulations.
    (5) Vessel operators transiting the waterway between the World 
Trade Center and Fish Pier must enter and keep to the starboard side of 
the channel, proceeding as directed by the on-scene COTP's 
representative. Vessel traffic shall move in a counterclockwise 
direction around a turning point as marked by an appropriate on-scene 
COTP's representative.
    (6) Vessel operators transiting this area must maintain at least a 
twenty five (25) yard safe distance from all participating Sail Boston 
Tall Ships and must make way for all deep draft vessel traffic underway 
in the area.
    (7) When a vessel greater than 125 feet enters the waterway between 
the World Trade Center and the Fish Pier, no other vessel will be 
allowed to enter until the larger vessel departs that area, unless 
authorized by the on-scene COTP's representative.
    (8) From 10 p.m. through 8 a.m. daily, while the regulated area is 
in effect, only vessels which are tenants within the channels of the 
World Trade Center and the Fish Pier will be authorized access.
    (9) The COTP may control the movement of all vessels operating on 
the navigable waters of Boston Harbor when the COTP has determined that 
such orders are justified in the interest of safety by reason of 
weather, visibility, sea conditions, temporary port congestion, or 
other temporary hazards circumstance.
    (10) To obtain permissions required by this regulation, individuals 
may reach the COTP or a COTP representative via VHF channel 16 or 617-
223-5757 (Sector Boston Command Center).
    (11) Penalties. Those who violate this section are subject to the 
penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.
    (c) Enforcement period. This regulation is will be enforced from 4 
p.m. on June 17, 2017 through 8 a.m. on June 22, 2017.

PART 110--ANCHORAGE REGULATIONS

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

    Authority: 33 U.S.C. 471; 33 U.S.C. 1221 through 1236, 2071; 33 
CFR 1.05-1; Department of Homeland Security Delegation No. 0170.1.


Sec.  110.138   [Suspended]

0
4. From 8:00 a.m. on June 16, 2017, through 4:00 p.m. on June 17, 2017, 
suspend Sec.  110.138.


0
5. Add Sec.  110.T01-0949 to read as follows:


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

    (a) Anchorages. All anchorages in this paragraph are applicable as 
specified. Vessel operators using the anchorages in this paragraph must 
comply with the general operational requirements specified in paragraph 
(b) and (c) of this section. All coordinates are NAD 1983.
    (1) Anchorage 1. (i). All waters bounded by the following 
coordinates: 42[deg]22'06'' N./071[deg]02'43'' W., 42[deg]22'11'' N./
071[deg]02'39'' W., 42[deg]22'07'' N./071[deg]02'32'' W., and 
42[deg]22'03'' N./071[deg]02'35'' W.
    (ii) This anchorage ground is designated for the exclusive use of

[[Page 23734]]

recreational vessels that are 45 feet or less in length and have 
superstructures that do not exceed 10 feet in height.
    (2) Anchorage 2. (i) All waters bounded by the following 
coordinates: 42[deg]21'41'' N./071[deg]02'25'' W., 42[deg]21'47'' N./
071[deg]02'20'' W., 42[deg]21'35'' N./071[deg]01'53'' W., and 
42[deg]21'29'' N./071[deg]01'58'' W.
    (ii) This anchorage ground is designated for the exclusive use of 
recreational vessels that are 45 feet or less in length and have 
superstructures that do not exceed 10 feet in height.
    (3) Anchorage 3. (i) All waters bounded by the following 
coordinates: 42[deg]21'26'' N./071[deg]01'51'' W., 42[deg]21'32'' N./
071[deg]01'47'' W., 42[deg]21'25'' N./071[deg]01'33'' W., and 
42[deg]21'19'' N./071[deg]01'37''.
    (ii) This anchorage ground is designated for the exclusive use of 
recreational vessels that are 45 feet or less in length and their 
height above water does not to exceed 50 feet.
    (4) Anchorage 4. (i) All waters bounded by the following 
coordinates: 42[deg]21'19'' N./071[deg]01'37'' W., 42[deg]21'25'' N./
071[deg]01'33'' W., 42[deg]21'09'' N./071[deg]01'02'' W., and 
42[deg]21'04'' N./071[deg]01'06''.
    (ii) This anchorage ground is designated for the exclusive use of 
inspected and uninspected small passenger vessels (certificated by the 
Coast Guard under subchapters T and K of chapter I of title 46, Code of 
Federal Regulations), and charter vessels that do not exceed 50 feet in 
height above the water line.
    (5) Anchorage 5. (i) All waters bounded by the following 
coordinates: 42[deg]21'04'' N./071[deg]01'06'' W., 42[deg]21'09'' N./
071[deg]01'02'' W., 42[deg]20'48'' N./071[deg]00'29'' W., and 
42[deg]20'47'' N./071[deg]00'29''.
    (ii) This anchorage ground is designated for the exclusive use of 
inspected and uninspected small passenger vessels (certificated by the 
Coast Guard under subchapters T and K of chapter I of title 46, Code of 
Federal Regulations), and charter vessels that do not exceed 50 feet in 
height above the water line.
    (6) Anchorage 6. (i) All waters bounded by the following 
coordinates: 42[deg]20'09'' N./070[deg]59'39'' W., 42[deg]20'23'' N./
070[deg]59'32'' W., 42[deg]20'19'' N./071[deg]59'17'' W., and 
42[deg]20'07'' N./070[deg]59'24''.
    (ii) This anchorage ground is designated for the exclusive use of 
recreational vessels.
    (7) Anchorage 7. (i) All waters bounded by the following 
coordinates: 42[deg]20'06'' N./070[deg]59'23'' W., 42[deg]20'36'' N./
070[deg]59'06'' W., 42[deg]20'34'' N./070[deg]58'31'' W., and 
42[deg]20'05'' N./070[deg]58'45''.
    (ii) This anchorage ground is designated for the exclusive use of 
recreational vessels.
    (8) Anchorage 8. (i) All waters bounded by the following 
coordinates: 42[deg]20'06'' N./070[deg]58'43'' W., 42[deg]20'35'' N./
070[deg]58'28'' W., 42[deg]20'33'' N./070[deg]57'29'' W., and 
42[deg]20'05'' N./070[deg]57'31''.
    (ii) This anchorage ground is designated a general anchorage with 
no restrictions.
    (9) Anchorage 9. (i) All waters bounded by the following 
coordinates: 42[deg]19'45'' N./070[deg]59'55'' W., 42[deg]19'58'' N./
070[deg]59'55'' W., 42[deg]19'57'' N./070[deg]58'47'' W., and 
42[deg]19'44'' N./070[deg]58'47''.
    (ii) This anchorage ground is designated as general transient 
anchorage for all vessels that do not exceed 50 feet in height above 
the water line, with no overnight anchoring. This anchorage is only 
applicable from 6 a.m. on June 17, 2017 until 4 p.m. on June 17, 2017.
    (10) Anchorage 10. (i) All waters bounded by the following 
coordinates: 42[deg]19'44'' N./070[deg]58'44'' W., 42[deg]19'58'' N./
070[deg]58'47'' W., 42[deg]19'55'' N./070[deg]57'28'' W., and 
42[deg]19'43'' N./070[deg]57'35''.
    (ii) This anchorage ground is designated for the exclusive use of 
recreational vessels with no overnight anchoring. This anchorage is 
only applicable from 6 a.m. on June 17, 2017 until 4 p.m. on June 17, 
2017.
    (11) Anchorage 11. (i) All waters bounded by the following 
coordinates: 42[deg]20'30'' N./070[deg]56'30'' W., 42[deg]21'58'' N./
070[deg]56'05'' W., and 42[deg]21'32'' N./070[deg]55'27''.
    (ii) This anchorage ground is designated for the exclusive use of 
late arriving recreational vessels and no overnight anchoring. This 
anchorage is only applicable from 6 a.m. on June 17, 2017 until 4 p.m. 
on June 17, 2017.
    (12) Anchorage 12. (i) All waters bounded by the following 
coordinates: 42[deg]20'07'' N./070[deg]56'28'' W., 42[deg]21'43'' N./
070[deg]54'51'' W., 42[deg]21'18'' N./070[deg]54'29'' W., and 
42[deg]20'05'' N./070[deg]55'51''.
    (ii) This anchorage ground is designated for the exclusive use of 
late arriving recreational vessels and no overnight anchoring. This 
anchorage is only applicable from 6 a.m. on June 17, 2017 until 4 p.m. 
on June 17, 2017.
    (13) Anchorage 13. (i) All waters bounded by the following 
coordinates: 42[deg]19'55'' N./070[deg]56'40'' W., 42[deg]20'06'' N./
070[deg]56'28'' W., 42[deg]20'05'' N./070[deg]55'51'' W., and 
42[deg]19'51'' N./070[deg]56'05''.
    (ii) This anchorage ground is designated for the exclusive use of 
inspected and uninspected small passenger vessels (certificated by the 
Coast Guard under subchapters T and K of chapter I of title 46, Code of 
Federal Regulations), and charter vessels. This anchorage is only 
applicable from 6 a.m. on June 17, 2017 until 4 p.m. on June 17, 2017.
    (b) The regulations. The anchorages designated in paragraphs (a)(1) 
through (13) of this section are subject to the following regulations:
    (1) General Operational Requirements for all anchorages. Vessel 
operators using any of the anchorages established in this section 
shall:
    (i) Ensure their vessels are properly anchored and remain safely in 
position at anchor during marine events.
    (ii) Vessel operators shall comply with the directions and orders 
of the COTP or the COTP's representatives, upon being hailed by siren, 
radio, flashing lights, or other means. The COTP's representative may 
be any Coast Guard commissioned, warrant, or petty officer or any 
federal, state, or local law enforcement officer who has been 
designated by the COTP to act on the COTP's behalf. The COTP's 
representative may be on a Coast Guard vessel, a Coast Guard Auxiliary 
vessel, a Federal, state, or local law enforcement or safety vessel, or 
a location on shore.
    (iii) Vacate anchorages after termination of their effective 
periods.
    (iv) Buoy with identifiable markers and release anchors fouled on 
lobster trap lines if such anchors cannot be freed or raised.
    (v) Display anchor lights when anchoring at night in any anchorage.
    (vi) Do not leave vessels unattended in any anchorage at any time.
    (vii) Do not tie off to any aid to navigation or buoy.
    (ix) Maintain at least 20 feet of clearance if maneuvering between 
anchored vessels.
    (x) Do not nest or tie off to other vessels in that anchorage.
    (xi) Based on COTP approval and direction, vessels commercially 
engaged in the collection and legal disposal of marine sewage may 
operate within spectator anchorages during the applicable periods.
    (2) [Reserved]
    (c) Enforcement dates. This section will be enforced from 8:00 a.m. 
on June 16, 2017 through 4:00 p.m. on June 17, 2017 unless otherwise 
noted.

    Note 1 to Sec.  110.T01-0949:  Caution: The designated spectator 
anchorages in this section have not been specially surveyed or 
inspected and navigational charts may not

[[Page 23735]]

show all seabed obstructions or shallowest depths. Additionally, the 
anchorages are in areas of substantial currents. Mariners who use 
these temporary anchorages should take appropriate precautions, 
including using all means available to ensure vessels are not 
dragging anchor.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


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


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

    (a) Location. The following are safety zones (all coordinates are 
NAD 1983):
    (1) All navigable waters from surface to bottom, within a 100-yard 
radius of each participating Tall Ship while anchored in Broad Sound.
    (2) All navigable waters from surface to bottom, within 1000-yards 
ahead and astern and 100-yards on each side of participating Tall 
Ships, during their transit from anchorage to mooring.
    (3) All navigable waters from surface to bottom, within 25-yards 
surrounding participating Tall Ships while moored at various locations 
throughout the Port of Boston.
    (4) All navigable waters from surface to bottom, bounded within the 
following points (NAD 83): From 42[deg]39.00'' N., 070[deg]26.00'' W., 
thence to 42[deg]39.00'' N., 070[deg]24.00'' W., thence to 
42[deg]38.00'' N., 070[deg]24.00'' W., thence to 42[deg]38.00'' N., 
070[deg]26.00'' W., thence to the first point.
    (b) Regulations. While these safety zones are being enforced, the 
following regulations, along with those contained in 33 CFR 165.23, 
apply:
    (1) No person or vessel may enter or remain in a safety zone 
without the permission of the COTP, Sector Boston or the COTP's 
representative.
    (2) Any person or vessel permitted to enter the safety zones shall 
comply with the directions and orders of the COTP or the COTP's 
representative. Upon being hailed by siren, radio, flashing lights, or 
other means, the operator of a vessel within the zone shall proceed as 
directed. Any person or vessel within the security zone shall exit the 
zone when directed by the COTP or the COTP's representative.
    (3) To obtain permissions required by this regulation, individuals 
may reach the COTP or a COTP representative via VHF channel 16 or 617-
223-5757 (Sector Boston Command Center) to obtain permission.
    (4) Penalties. Those who violate this section are subject to the 
penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.
    (c) COTP Representative. The COTP's representative may be any Coast 
Guard commissioned, warrant, or petty officer or any federal, state, or 
local law enforcement officer who has been designated by the COTP to 
act on the COTP's behalf. The COTP's representative may be on a Coast 
Guard vessel, a Coast Guard Auxiliary vessel, federal, state, or local 
law enforcement or safety vessel, or a location on shore.
    (d) Enforcement dates. Paragraph (a)(1) of this section is 
applicable on June 16, 2017 through June 17, 2017. Paragraph (a)(2) of 
this section is applicable on June 17, 2017. Paragraph (a)(3) of this 
section is applicable on June 17, 2017 through June 22, 2017. Paragraph 
(a)(4) of this section is applicable on June 22, 2017 from 4 p.m. until 
8 p.m.

    Note 1 to Sec.  165.T01-0949:  Boston Harbor is a NO-DISCHARGE 
ZONE. No-discharge zones are designated bodies of water where the 
discharge of all boat sewage, whether treated or not, is prohibited 
and a violation of federal law. Boat pumpout facilities provide a 
convenient way to properly dispose of boat sewage. Many of the 
pumpouts in this area are pumpout vessels. These vessels have the 
capacity to bring the pumpout to the boater. In order to facilitate 
compliance with this no-discharge zone, the pumpout vessels will be 
allowed to maneuver through the regulated zones and anchorages 
grounds. For additional information on complying with vessel sewage 
discharge regulations and using pumpout facilities see http://www.mass.gov/eea/agencies/czm/program-areas/coastal-water-quality/ndz/.


    Dated: May 15, 2017.
C.C. Gelzer,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2017-10336 Filed 5-23-17; 8:45 am]
 BILLING CODE 9110-04-P
23732 Federal Register / Vol. 82, No. 99 / Wednesday, May 24, 2017 / Rules and Regulations

The Coast Guard is establishing a 100- Safety Committee meetings, the Internet, C. Collection of Information
yard safety zone surrounding USCG Sector Boston Homeport Web This rule does not call for a new
participating Tall Ships while they are page, handouts, and local newspapers collection of information under the
anchored in Broad Sound. The and media. The advance notice will Paperwork Reduction Act of 1995 (44
regulation would be enforced from June permit mariners to adjust their plans U.S.C. 3501–3520).
16 to June 17. accordingly. Similar restrictions were
established for other Sail Boston events D. Federalism and Indian Tribal
V. Regulatory Analyses Governments
in 1992, 2000, 2009, and War of 1812 in
We developed this rule after 2012. Based upon the Coast Guard’s A rule has implications for federalism
considering numerous statutes and experiences from those previous events under Executive Order 13132,
executive orders related to rulemaking. of similar magnitude, these regulations Federalism, if it has a substantial direct
Below we summarize our analyses have been narrowly tailored to impose effect on the States, on the relationship
based on a number of these statutes and the least impact on maritime interests between the national government and
Executive orders and we discuss First while providing the necessary level of the States, or on the distribution of
Amendment rights of protestors. safety. power and responsibilities among the
A. Regulatory Planning and Review B. Impact on Small Entities various levels of government. We have
analyzed this rule under that Order and
Executive Orders 12866 and 13563 The Regulatory Flexibility Act of have determined that it is consistent
direct agencies to assess the costs and 1980, 5 U.S.C. 601–612, as amended, with the fundamental federalism
benefits of available regulatory requires federal agencies to consider the principles and preemption requirements
alternatives and, if regulation is potential impact of regulations on small described in Executive Order 13132.
necessary, to select regulatory entities during rulemaking. The term Also, this rule does not have tribal
approaches that maximize net benefits. ‘‘small entities’’ comprises small implications under Executive Order
Executive Order 13563 emphasizes the businesses, not-for-profit organizations 13175, Consultation and Coordination
importance of quantifying both costs that are independently owned and with Indian Tribal Governments,
and benefits, of reducing costs, of operated and are not dominant in their because it does not have a substantial
harmonizing rules, and of promoting fields, and governmental jurisdictions direct effect on one or more Indian
flexibility. This rule has not been with populations of less than 50,000. tribes, on the relationship between the
designated a ‘‘significant regulatory The Coast Guard certifies under 5 U.S.C. Federal Government and Indian tribes,
action,’’ under Executive Order 12866. 605(b) that this rule does not have a or on the distribution of power and
Accordingly, this rule has not been significant economic impact on a responsibilities between the Federal
reviewed by the Office of Management substantial number of small entities. Government and Indian tribes. If you
and Budget. While some owners or operators of believe this rule has implications for
Although this regulation imposes vessels intending to transit Boston federalism or Indian tribes, please
temporary spectator anchorages, traffic Harbor may be small entities, for the contact the person listed in the FOR
control measures, and safety zones in reasons stated in section V.A above this FURTHER INFORMATION CONTACT section.
portions of Boston Harbor during the rule will not have a significant
events, the effect of this regulation will economic impact on any vessel owner E. Unfunded Mandates Reform Act
not be significant for the following or operator. The Unfunded Mandates Reform Act
reasons: Vessels needing to depart the Under section 213(a) of the Small of 1995 (2 U.S.C. 1531–1538) requires
temporary spectator anchorages may do Business Regulatory Enforcement federal agencies to assess the effects of
so with permission from the COTP’s Fairness Act of 1996 (Pub. L. 104–121), their discretionary regulatory actions. In
designated on-scene representative and we want to assist small entities in particular, the Act addresses actions
vessels will have sufficient transit room understanding this rule. If the rule that may result in the expenditure by a
around the outer edge of the designated would affect your small business, State, local, or tribal government, in the
anchorages. The traffic control measures organization, or governmental aggregate, or by the private sector of
are confined to areas of minimal jurisdiction and you have questions $100,000,000 (adjusted for inflation) or
distance, they follow the natural flow of concerning its provisions or options for more in any one year. Though this rule
Boston Harbor traffic, they are in compliance, please contact the person does not result in such an expenditure,
compliance with the navigational rules listed in the FOR FURTHER INFORMATION we do discuss the effects of this rule
of the road, and crossovers have been CONTACT section. elsewhere in this preamble.
established for vessels wanting to Small businesses may send comments
change direction. The 25-yard safety on the actions of federal employees who F. Environment
zone around participating Tall Ships enforce, or otherwise determine We have analyzed this rule under
while moored will have no impact to compliance with, federal regulations to Department of Homeland Security
vessel movement in Boston Harbor and the Small Business and Agriculture Management Directive 023–01 and
will only be in place during the 5 days Regulatory Enforcement Ombudsman Commandant Instruction M16475.lD,
of Sail Boston activities. Sail Boston, and the Regional Small Business which guide the Coast Guard in
Inc. over the past 6 months has held Regulatory Fairness Boards. The complying with the National
multiple public meetings discussing Ombudsman evaluates these actions Environmental Policy Act of 1969 (42
Sail Boston 2017 events and during each annually and rates each agency’s U.S.C. 4321–4370f), and have
meeting, these proposals have been responsiveness to small business. If you determined that this action is one of a
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discussed. An extensive advance notice wish to comment on actions by category of actions that do not
will be made to mariners via employees of the Coast Guard, call 1– individually or cumulatively have a
appropriate means, which may include 888–REG–FAIR (1–888–734–3247). The significant effect on the human
broadcast notice to mariners, local Coast Guard will not retaliate against environment. This rule involves
notice to mariners, facsimile, marine small entities that question or complain suspending permanent anchorages,
safety information bulletin, local Port about this rule or any policy or action establishing temporary spectator
Operators Group meetings, Harbor of the Coast Guard. anchorages, establishing temporary

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safety zones, and traffic control 42°20′34″ N., 71°02′11″ W., the Charles Trade Center and the Fish Pier, no other
measures to facilitate the safety of all River to the Gridley Locks at the Charles vessel will be allowed to enter until the
vessels participating, watching the River Dam in approximate position larger vessel departs that area, unless
Parade of Tall Ships and the viewing of 42°22′07″ N., 71°03′40″ W., the Mystic authorized by the on-scene COTP’s
the moored Tall Ships during the Sail River at the Alford Street Bridge in representative.
Boston 2017 event. These actions are approximate position 42°23′22″ N., (8) From 10 p.m. through 8 a.m. daily,
categorically excluded from further 71°04′16″ W., and the Chelsea River to while the regulated area is in effect,
review under paragraph 34 (f), (g), and the McArdle Bridge in approximate only vessels which are tenants within
(h) of Figure 2–1 of Commandant position 42°23′09″ N., 71°02′21″ W. the channels of the World Trade Center
Instruction M16475.lD. A Record of (b) Special Local Regulations. (1) and the Fish Pier will be authorized
Environmental Consideration (REC) During the effective period, vessel access.
supporting this determination is operators transiting through the (9) The COTP may control the
available in the docket where indicated regulated area shall proceed in a movement of all vessels operating on
under ADDRESSES. counterclockwise direction at no wake the navigable waters of Boston Harbor
speeds not to exceed five knots, unless when the COTP has determined that
G. Protest Activities otherwise authorized by the Captain of such orders are justified in the interest
The Coast Guard respects the First the Port. of safety by reason of weather, visibility,
Amendment rights of protesters. (2) Vessel operators shall comply with sea conditions, temporary port
Protesters are asked to contact the the directions and orders of the COTP congestion, or other temporary hazards
person listed in the FOR FURTHER or the COTP’s representative, upon circumstance.
INFORMATION CONTACT section to being hailed by siren, radio, flashing (10) To obtain permissions required
coordinate protest activities so that your lights, or other means. The COTP’s by this regulation, individuals may
message can be received without representative may be any Coast Guard reach the COTP or a COTP
jeopardizing the safety or security of commissioned, warrant, or petty officer representative via VHF channel 16 or
people, places, or vessels. or any federal, state, or local law 617–223–5757 (Sector Boston Command
enforcement officer who has been Center).
List of Subjects designated by the COTP to act on the (11) Penalties. Those who violate this
33 CFR Part 100 COTP’s behalf. The COTP’s section are subject to the penalties set
representative may be on a Coast Guard forth in 33 U.S.C. 1232 and 50 U.S.C.
Marine safety, Navigation (water), vessel, a Coast Guard Auxiliary vessel,
Reporting and recordkeeping 192.
a federal, state or local law enforcement (c) Enforcement period. This
requirements, and Waterways. or safety vessel, or a location on shore. regulation is will be enforced from 4
33 CFR Part 110 (3) From 4 p.m. on June 17, 2017 p.m. on June 17, 2017 through 8 a.m. on
through 8 a.m. on June 22, 2017, vessel June 22, 2017.
Anchorage grounds. control measures will be implemented.
33 CFR Part 165 The traffic pattern will be in a PART 110—ANCHORAGE
counterclockwise rotation, such that all REGULATIONS
Harbors, Marine safety, Navigation
vessels shall stay generally as far to the
(water), Reporting and recordkeeping ■ 3. The authority citation for part 110
starboard side of the channel as is safe
requirements, Security measures, continues to read as follows:
and practicable.
Waterways.
(4) To facilitate commercial ferry Authority: 33 U.S.C. 471; 33 U.S.C. 1221
For the reasons discussed in the traffic with minimal disruption, through 1236, 2071; 33 CFR 1.05–1;
preamble, the Coast Guard amends 33 commercial ferries within the regulated Department of Homeland Security Delegation
CFR parts 100, 110, and 165 as follows: area, moving between stops on their No. 0170.1.
normal routes, will be exempt from the
PART 100—SAFETY OF LIFE ON § 110.138 [Suspended]
mandatory counterclockwise traffic
NAVIGABLE WATERS pattern. This exemption does not give ■ 4. From 8:00 a.m. on June 16, 2017,
ferries navigational precedence or in through 4:00 p.m. on June 17, 2017,
■ 1. The authority citation for part 100 suspend § 110.138.
continues to read as follows: any way alter their responsibilities
under the Rules of the Road or any other ■ 5. Add § 110.T01–0949 to read as
Authority: 33 U.S.C. 1233. pertinent regulations. follows:
■ 2. Add § 100.T01–0949 to read as (5) Vessel operators transiting the
follows: waterway between the World Trade § 110.T01–0949 Temporary Anchorages:
Center and Fish Pier must enter and Sail Boston 2017; Port of Boston, MA.
§ 100.T01–0949 Special Local Regulation: keep to the starboard side of the (a) Anchorages. All anchorages in this
Sail Boston 2017; Port of Boston, MA. channel, proceeding as directed by the paragraph are applicable as specified.
(a) Location: This special local on-scene COTP’s representative. Vessel Vessel operators using the anchorages in
regulation establishes a regulated area to traffic shall move in a counterclockwise this paragraph must comply with the
include all waters west of a line drawn direction around a turning point as general operational requirements
from the monument at Castle Island in marked by an appropriate on-scene specified in paragraph (b) and (c) of this
approximate position 42°20′21″ N., COTP’s representative. section. All coordinates are NAD 1983.
71°00′37″ W., to the Logan Airport (6) Vessel operators transiting this (1) Anchorage 1. (i). All waters
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Security Zone Buoy ‘‘24’’ in area must maintain at least a twenty five bounded by the following coordinates:
approximate position 42°20′45″ N., (25) yard safe distance from all 42°22′06″ N./071°02′43″ W., 42°22′11″
71°00′29″ W., and then to land in participating Sail Boston Tall Ships and N./071°02′39″ W., 42°22′07″ N./
approximate position 42°20′48″ N., must make way for all deep draft vessel 071°02′32″ W., and 42°22′03″ N./
71°00′27″ W., including the Reserved traffic underway in the area. 071°02′35″ W.
Channel to the Summer Street retractile (7) When a vessel greater than 125 feet (ii) This anchorage ground is
bridge in approximate position enters the waterway between the World designated for the exclusive use of

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recreational vessels that are 45 feet or 070°58′31″ W., and 42°20′05″ N./ (ii) This anchorage ground is
less in length and have superstructures 070°58′45″. designated for the exclusive use of
that do not exceed 10 feet in height. (ii) This anchorage ground is inspected and uninspected small
(2) Anchorage 2. (i) All waters designated for the exclusive use of passenger vessels (certificated by the
bounded by the following coordinates: recreational vessels. Coast Guard under subchapters T and K
42°21′41″ N./071°02′25″ W., 42°21′47″ (8) Anchorage 8. (i) All waters of chapter I of title 46, Code of Federal
N./071°02′20″ W., 42°21′35″ N./ bounded by the following coordinates: Regulations), and charter vessels. This
071°01′53″ W., and 42°21′29″ N./ 42°20′06″ N./070°58′43″ W., 42°20′35″ anchorage is only applicable from 6 a.m.
071°01′58″ W. N./070°58′28″ W., 42°20′33″ N./ on June 17, 2017 until 4 p.m. on June
(ii) This anchorage ground is 070°57′29″ W., and 42°20′05″ N./ 17, 2017.
designated for the exclusive use of 070°57′31″. (b) The regulations. The anchorages
recreational vessels that are 45 feet or (ii) This anchorage ground is designated in paragraphs (a)(1) through
less in length and have superstructures designated a general anchorage with no (13) of this section are subject to the
that do not exceed 10 feet in height. restrictions. following regulations:
(3) Anchorage 3. (i) All waters (9) Anchorage 9. (i) All waters (1) General Operational Requirements
bounded by the following coordinates: bounded by the following coordinates: for all anchorages. Vessel operators
42°21′26″ N./071°01′51″ W., 42°21′32″ 42°19′45″ N./070°59′55″ W., 42°19′58″ using any of the anchorages established
N./071°01′47″ W., 42°21′25″ N./ N./070°59′55″ W., 42°19′57″ N./ in this section shall:
071°01′33″ W., and 42°21′19″ N./ 070°58′47″ W., and 42°19′44″ N./ (i) Ensure their vessels are properly
071°01′37″. 070°58′47″. anchored and remain safely in position
(ii) This anchorage ground is (ii) This anchorage ground is at anchor during marine events.
designated for the exclusive use of designated as general transient (ii) Vessel operators shall comply
recreational vessels that are 45 feet or anchorage for all vessels that do not with the directions and orders of the
less in length and their height above exceed 50 feet in height above the water COTP or the COTP’s representatives,
water does not to exceed 50 feet. line, with no overnight anchoring. This upon being hailed by siren, radio,
(4) Anchorage 4. (i) All waters anchorage is only applicable from 6 a.m. flashing lights, or other means. The
bounded by the following coordinates: on June 17, 2017 until 4 p.m. on June COTP’s representative may be any Coast
42°21′19″ N./071°01′37″ W., 42°21′25″ 17, 2017. Guard commissioned, warrant, or petty
(10) Anchorage 10. (i) All waters officer or any federal, state, or local law
N./071°01′33″ W., 42°21′09″ N./
bounded by the following coordinates: enforcement officer who has been
071°01′02″ W., and 42°21′04″ N./
42°19′44″ N./070°58′44″ W., 42°19′58″ designated by the COTP to act on the
071°01′06″.
N./070°58′47″ W., 42°19′55″ N./ COTP’s behalf. The COTP’s
(ii) This anchorage ground is
070°57′28″ W., and 42°19′43″ N./ representative may be on a Coast Guard
designated for the exclusive use of
070°57′35″. vessel, a Coast Guard Auxiliary vessel,
inspected and uninspected small (ii) This anchorage ground is
passenger vessels (certificated by the a Federal, state, or local law
designated for the exclusive use of enforcement or safety vessel, or a
Coast Guard under subchapters T and K recreational vessels with no overnight
of chapter I of title 46, Code of Federal location on shore.
anchoring. This anchorage is only (iii) Vacate anchorages after
Regulations), and charter vessels that do applicable from 6 a.m. on June 17, 2017
not exceed 50 feet in height above the termination of their effective periods.
until 4 p.m. on June 17, 2017. (iv) Buoy with identifiable markers
water line. (11) Anchorage 11. (i) All waters and release anchors fouled on lobster
(5) Anchorage 5. (i) All waters bounded by the following coordinates: trap lines if such anchors cannot be
bounded by the following coordinates: 42°20′30″ N./070°56′30″ W., 42°21′58″ freed or raised.
42°21′04″ N./071°01′06″ W., 42°21′09″ N./070°56′05″ W., and 42°21′32″ N./ (v) Display anchor lights when
N./071°01′02″ W., 42°20′48″ N./ 070°55′27″. anchoring at night in any anchorage.
071°00′29″ W., and 42°20′47″ N./ (ii) This anchorage ground is (vi) Do not leave vessels unattended
071°00′29″. designated for the exclusive use of late in any anchorage at any time.
(ii) This anchorage ground is arriving recreational vessels and no (vii) Do not tie off to any aid to
designated for the exclusive use of overnight anchoring. This anchorage is navigation or buoy.
inspected and uninspected small only applicable from 6 a.m. on June 17, (ix) Maintain at least 20 feet of
passenger vessels (certificated by the 2017 until 4 p.m. on June 17, 2017. clearance if maneuvering between
Coast Guard under subchapters T and K (12) Anchorage 12. (i) All waters anchored vessels.
of chapter I of title 46, Code of Federal bounded by the following coordinates: (x) Do not nest or tie off to other
Regulations), and charter vessels that do 42°20′07″ N./070°56′28″ W., 42°21′43″ vessels in that anchorage.
not exceed 50 feet in height above the N./070°54′51″ W., 42°21′18″ N./ (xi) Based on COTP approval and
water line. 070°54′29″ W., and 42°20′05″ N./ direction, vessels commercially engaged
(6) Anchorage 6. (i) All waters 070°55′51″. in the collection and legal disposal of
bounded by the following coordinates: (ii) This anchorage ground is marine sewage may operate within
42°20′09″ N./070°59′39″ W., 42°20′23″ designated for the exclusive use of late spectator anchorages during the
N./070°59′32″ W., 42°20′19″ N./ arriving recreational vessels and no applicable periods.
071°59′17″ W., and 42°20′07″ N./ overnight anchoring. This anchorage is (2) [Reserved]
070°59′24″. only applicable from 6 a.m. on June 17, (c) Enforcement dates. This section
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(ii) This anchorage ground is 2017 until 4 p.m. on June 17, 2017. will be enforced from 8:00 a.m. on June
designated for the exclusive use of (13) Anchorage 13. (i) All waters 16, 2017 through 4:00 p.m. on June 17,
recreational vessels. bounded by the following coordinates: 2017 unless otherwise noted.
(7) Anchorage 7. (i) All waters 42°19′55″ N./070°56′40″ W., 42°20′06″ Note 1 to § 110.T01–0949: Caution: The
bounded by the following coordinates: N./070°56′28″ W., 42°20′05″ N./ designated spectator anchorages in this
42°20′06″ N./070°59′23″ W., 42°20′36″ 070°55′51″ W., and 42°19′51″ N./ section have not been specially surveyed or
N./070°59′06″ W., 42°20′34″ N./ 070°56′05″. inspected and navigational charts may not

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show all seabed obstructions or shallowest (Sector Boston Command Center) to SUMMARY: EPA is taking direct final
depths. Additionally, the anchorages are in obtain permission. action on a revision to the formaldehyde
areas of substantial currents. Mariners who (4) Penalties. Those who violate this emission standards for composite wood
use these temporary anchorages should take section are subject to the penalties set products final rule, published in the
appropriate precautions, including using all forth in 33 U.S.C. 1232 and 50 U.S.C.
means available to ensure vessels are not
Federal Register on December 12, 2016.
dragging anchor.
192. EPA is publishing this direct final
(c) COTP Representative. The COTP’s action to extend the Toxic Substances
representative may be any Coast Guard Control Act (TSCA) Title VI final rule
PART 165—REGULATED NAVIGATION commissioned, warrant, or petty officer compliance dates including: Extending
AREAS AND LIMITED ACCESS AREAS or any federal, state, or local law the December 12, 2017 date for emission
enforcement officer who has been standards, recordkeeping, and labeling
■ 6. The authority citation for part 165
designated by the COTP to act on the provisions until March 22, 2018;
continues to read as follows:
COTP’s behalf. The COTP’s extending the December 12, 2018 date
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; representative may be on a Coast Guard for import certification provisions until
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; vessel, a Coast Guard Auxiliary vessel, March 22, 2019; and extending the
Department of Homeland Security Delegation federal, state, or local law enforcement
No. 0170.1. December 12, 2023 date for provisions
or safety vessel, or a location on shore. applicable to producers of laminated
■ 7. Add § 165.T01–0949 to read as (d) Enforcement dates. Paragraph products until March 22, 2024.
follows: (a)(1) of this section is applicable on Additionally, this direct final action
June 16, 2017 through June 17, 2017. will extend the transitional period
§ 165.T01–0949 Safety Zone: Sail Boston Paragraph (a)(2) of this section is
2017; Port of Boston, MA. during which the California Air
applicable on June 17, 2017. Paragraph Resources Board (CARB) Third Party
(a) Location. The following are safety (a)(3) of this section is applicable on
zones (all coordinates are NAD 1983): Certifiers (TPC) may certify composite
June 17, 2017 through June 22, 2017. wood products under TSCA Title VI
(1) All navigable waters from surface Paragraph (a)(4) of this section is
to bottom, within a 100-yard radius of without an accreditation issued by an
applicable on June 22, 2017 from 4 p.m. EPA TSCA Title VI Accreditation Body
each participating Tall Ship while until 8 p.m.
anchored in Broad Sound. so long as the TPC remains approved by
(2) All navigable waters from surface Note 1 to § 165.T01–0949: Boston Harbor is CARB, is recognized by EPA, and
a NO–DISCHARGE ZONE. No-discharge complies with all aspects of the
to bottom, within 1000-yards ahead and zones are designated bodies of water where
astern and 100-yards on each side of December 12, 2016 final rule. Extension
the discharge of all boat sewage, whether of these compliance dates and the
participating Tall Ships, during their treated or not, is prohibited and a violation
transit from anchorage to mooring. of federal law. Boat pumpout facilities transitional period for CARB TPCs adds
(3) All navigable waters from surface provide a convenient way to properly regulatory flexibility for regulated
to bottom, within 25-yards surrounding dispose of boat sewage. Many of the entities, reduces compliance burdens,
participating Tall Ships while moored at pumpouts in this area are pumpout vessels. and helps to prevent disruptions to
These vessels have the capacity to bring the supply chains.
various locations throughout the Port of pumpout to the boater. In order to facilitate
Boston. DATES: This final rule is effective on July
compliance with this no-discharge zone, the
(4) All navigable waters from surface pumpout vessels will be allowed to
10, 2017 without further notice, unless
to bottom, bounded within the maneuver through the regulated zones and EPA receives adverse comment by June
following points (NAD 83): From anchorages grounds. For additional 8, 2017. If EPA receives adverse
42°39.00″ N., 070°26.00″ W., thence to information on complying with vessel comment, the Agency will publish a
42°39.00″ N., 070°24.00″ W., thence to sewage discharge regulations and using timely withdrawal in the Federal
42°38.00″ N., 070°24.00″ W., thence to pumpout facilities see http://www.mass.gov/ Register informing the public that this
eea/agencies/czm/program-areas/coastal- rule will not take effect.
42°38.00″ N., 070°26.00″ W., thence to water-quality/ndz/.
the first point. ADDRESSES: The docket for this action,
(b) Regulations. While these safety Dated: May 15, 2017. identified by docket identification (ID)
zones are being enforced, the following C.C. Gelzer, number EPA–HQ–OPPT–2017–0244, is
regulations, along with those contained Captain, U.S. Coast Guard, Captain of the available at http://www.regulations.gov
in 33 CFR 165.23, apply: Port Boston. or at the Office of Pollution Prevention
(1) No person or vessel may enter or [FR Doc. 2017–10336 Filed 5–23–17; 8:45 am] and Toxics Docket (OPPT Docket),
remain in a safety zone without the BILLING CODE 9110–04–P
Environmental Protection Agency
permission of the COTP, Sector Boston Docket Center (EPA/DC), West William
or the COTP’s representative. Jefferson Clinton Bldg., Rm. 3334, 1301
(2) Any person or vessel permitted to Constitution Ave. NW., Washington,
ENVIRONMENTAL PROTECTION
enter the safety zones shall comply with DC. The Public Reading Room is open
AGENCY
the directions and orders of the COTP from 8:30 a.m. to 4:30 p.m., Monday
or the COTP’s representative. Upon 40 CFR Part 770 through Friday, excluding legal
being hailed by siren, radio, flashing holidays. The telephone number for the
lights, or other means, the operator of a [EPA–HQ–OPPT–2017–0244; FRL–9962–86] Public Reading Room is (202) 566–1744,
vessel within the zone shall proceed as RIN 2070–AK35 and the telephone number for the OPPT
directed. Any person or vessel within Docket is (202) 566–0280. Please review
mstockstill on DSK30JT082PROD with RULES

the security zone shall exit the zone Compliance Date Extension; the visitor instructions and additional
when directed by the COTP or the Formaldehyde Emission Standards for information about the docket available
COTP’s representative. Composite Wood Products at http://www.epa.gov/dockets.
(3) To obtain permissions required by AGENCY: Environmental Protection FOR FURTHER INFORMATION CONTACT:
this regulation, individuals may reach Agency (EPA). For technical information contact:
the COTP or a COTP representative via Erik Winchester, National Program
ACTION: Direct final rule.
VHF channel 16 or 617–223–5757 Chemicals Division, Office of Pollution

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Document Created: 2017-05-24 01:03:07
Document Modified: 2017-05-24 01:03:07
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective without actual notice from May 24, 2017 until June 22, 2017, except that the suspension of Sec. 110.138 is effective from 8:00 a.m. on June 16, 2017, through 4:00 p.m. on June 17, 2017. For the purposes of enforcement, actual notice will be used from the date the rule was signed, May 15, 2017, until May 24, 2017.
Contact		If you have questions on this rule, call or email Mark Cutter, Sector Boston Waterways Management Division, U.S. Coast Guard; telephone 617-223-4000, email [email protected]
FR Citation		82 FR 23731
RIN Number		1625-AA08
CFR Citation		33 CFR 100 33 CFR 110 33 CFR 165
CFR Associated		Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Waterways; Anchorage Grounds; Harbors and Security Measures
82 FR 23731 - Special Local Regulation, Temporary Anchorages and Safety Zones: Sail Boston 2017; Port of Boston, MA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 82, Issue 99 (May 24, 2017)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard
