82_FR_27733 82 FR 27618 - Safety Zone; Boston Harbor, Boston, MA

82 FR 27618 - Safety Zone; Boston Harbor, Boston, MA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 115 (June 16, 2017)

Page Range27618-27620
FR Document2017-12493

The Coast Guard is establishing a temporary safety zone for navigable waters within a 300-yard radius of the fireworks barge positioned in vicinity of the western side of Spectacle Island in Boston Harbor. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by a barge based fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Boston.

Federal Register, Volume 82 Issue 115 (Friday, June 16, 2017)
[Federal Register Volume 82, Number 115 (Friday, June 16, 2017)]
[Rules and Regulations]
[Pages 27618-27620]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12493]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0241]
RIN 1625-AA00


Safety Zone; Boston Harbor, Boston, MA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a 300-yard radius of the fireworks barge 
positioned in vicinity of the western side of Spectacle Island in 
Boston Harbor. The safety zone is needed to protect personnel, vessels, 
and the marine environment from potential hazards created by a barge 
based fireworks display. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
(COTP) Boston.

DATES: This rule is effective from 8 p.m. through 10:30 p.m. on June 
16, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0241 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, Waterways Management Division, U.S. Coast 
Guard Sector Boston, telephone 617-223-4000, email Mark.E.Cutter.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a NPRM with respect to this rule 
because doing so would be impracticable and contrary to the public 
interest. The late finalization of event details from the sponsor did 
not give the Coast Guard enough time to publish an NPRM, take public 
comments, and issue a final rule before the event is set to begin. It 
would be impracticable and contrary to the public interest to delay 
promulgating this rule as it is necessary to protect the safety of the 
public and waterway users.
    Under 5 U.S.C. 553(d)(3), and for the same reason stated in the 
preceding paragraph, the Coast Guard finds that good cause exists for 
making this rule effective less than 30 days after publication in the 
Federal Register.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. COTP Boston has determined that potential hazards associated with 
the event on June 16, 2017 will be a safety concern for personnel, 
vessels, and the marine environment from potential hazards created by a 
barge based fireworks display. The purpose of this rule is to ensure 
safety of the marine environment and navigable waters in the safety 
zone before, during, and after the scheduled event.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8 p.m. through 10:30 p.m. 
on June 16, 2017. The safety zone will cover all navigable waters 
within specific geographic locations specified in the regulatory text 
on the navigable waters of Boston Harbor, Boston, Massachusetts. 
Vessels not associated with the fireworks display shall maintain a 
distance of at least 300 yards from the fireworks barge. The duration 
of the zone is intended to ensure the safety of maritime public before, 
during, and after the event scheduled from 8 p.m. through 10:30 p.m. No 
vessel or person would be permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative.

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.

[[Page 27619]]

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, it has not been reviewed by the Office of Management and 
Budget.
    We expect the economic impact of this rule to be minimal. This 
regulation may have some impact on the public, but that potential 
impact will likely be minimal for several reasons. First, this safety 
zone will be in effect for less than three hours. Second, vessels may 
enter or pass through the safety zone during an enforcement period with 
the permission of the COTP or the designated representative. Finally, 
the Coast Guard will provide notification to the public through Local 
Notice to Mariners and Broadcast Notice to Mariners well in advance of 
the event.

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 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for all of the reasons discussed in 
the Regulatory Planning and Review Section, 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 will 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 above.

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 will 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 a safety zone lasting less than three hours that will 
prohibit entry into a 300 yards zone around the fireworks. It is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. An Record of Environmental 
Consideration (REC) is 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 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.

List of Subjects in 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 part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T01-0241 to read as follows:


Sec.  165.T01-0241  Safety Zone--Boston Harbor Now--Boston Harbor, 
Boston, Massachusetts.

    (a) General. Establish a temporary safety zone:
    (1) Location. The following area is a safety zone: All navigable 
waters within

[[Page 27620]]

300-yard radius of the fireworks barge positioned in vicinity of 
42[deg]19'14'' N., 070[deg]59'36'' before, during, and after the 
fireworks display.
    (2) Effective and enforcement period. This rule will be effective 
on June 16, 2017, from 8 p.m. through 10:30 p.m.
    (b) Regulations. While this safety zone is 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 this safety zone 
without the permission of the Captain of the Port (COTP) or the COTP's 
representatives. However, any vessel that is granted permission by the 
COTP or the COTP's representatives must proceed through the area with 
caution and operate at a speed no faster than that speed necessary to 
maintain a safe course, unless otherwise required by the Navigation 
Rules.
    (2) Any person or vessel permitted to enter the safety zone shall 
comply with the directions and orders of the COTP or the COTP's 
representatives. Upon being hailed by a U.S. Coast Guard vessel 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 safety zone shall exit the zone when directed by the COTP or the 
COTP's representatives.
    (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).
    (c) Penalties. Those who violate this section are subject to the 
penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 1226.
    (d) Notification. Coast Guard Sector Boston will give notice 
through the Local Notice to Mariners and Broadcast Notice to Mariners 
for the purpose of enforcement of this temporary safety zone. Sector 
Boston will also notify the public to the greatest extent possible of 
any period in which the Coast Guard will suspend enforcement of this 
safety zone.
    (e) COTP representative. The COTP's representative may be any Coast 
Guard commissioned, 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 state or local law 
enforcement vessel, or a location on shore.

    Dated: June 9, 2017.
C.C. Gelzer,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2017-12493 Filed 6-15-17; 8:45 am]
 BILLING CODE 9110-04-P



                                             27618                Federal Register / Vol. 82, No. 115 / Friday, June 16, 2017 / Rules and Regulations

                                             person listed in the FOR FURTHER                        DEPARTMENT OF HOMELAND                                 ‘‘impracticable, unnecessary, or contrary
                                             INFORMATION CONTACT section to                          SECURITY                                               to the public interest.’’ Under 5 U.S.C.
                                             coordinate protest activities so that your                                                                     553(b)(B), the Coast Guard finds that
                                             message can be received without                         Coast Guard                                            good cause exists for not publishing a
                                             jeopardizing the safety or security of                                                                         NPRM with respect to this rule because
                                             people, places or vessels.                              33 CFR Part 165                                        doing so would be impracticable and
                                                                                                     [Docket Number USCG–2017–0241]                         contrary to the public interest. The late
                                             List of Subjects in 33 CFR Part 100                                                                            finalization of event details from the
                                                                                                     RIN 1625–AA00                                          sponsor did not give the Coast Guard
                                               Marine Safety, Navigation (water),
                                                                                                                                                            enough time to publish an NPRM, take
                                             Reporting and Recordkeeping                             Safety Zone; Boston Harbor, Boston,                    public comments, and issue a final rule
                                             Requirements, Waterways.                                MA                                                     before the event is set to begin. It would
                                               For the reasons discussed in the                      AGENCY:    Coast Guard, DHS.                           be impracticable and contrary to the
                                             preamble, the Coast Guard amends 33                                                                            public interest to delay promulgating
                                                                                                     ACTION:   Temporary final rule.
                                             CFR part 100 as follows:                                                                                       this rule as it is necessary to protect the
                                                                                                     SUMMARY:   The Coast Guard is                          safety of the public and waterway users.
                                             PART 100—SAFETY OF LIFE ON                              establishing a temporary safety zone for                  Under 5 U.S.C. 553(d)(3), and for the
                                             NAVIGABLE WATERS                                        navigable waters within a 300-yard                     same reason stated in the preceding
                                                                                                     radius of the fireworks barge positioned               paragraph, the Coast Guard finds that
                                             ■ 1. The authority citation for part 100                in vicinity of the western side of                     good cause exists for making this rule
                                             continues to read as follows:                           Spectacle Island in Boston Harbor. The                 effective less than 30 days after
                                                 Authority: 33 U.S.C. 1233.
                                                                                                     safety zone is needed to protect                       publication in the Federal Register.
                                                                                                     personnel, vessels, and the marine
                                             ■ 2. Add temporary § 100.35T08–0435                     environment from potential hazards                     III. Legal Authority and Need for Rule
                                             to read as follows:                                     created by a barge based fireworks                        The Coast Guard is issuing this rule
                                                                                                     display. Entry of vessels or persons into              under authority in 33 U.S.C. 1231.
                                             § 100.35T08–0435 Special Local                          this zone is prohibited unless
                                             Regulation; Ohio River, New Martinsville,                                                                      COTP Boston has determined that
                                                                                                     specifically authorized by the Captain of              potential hazards associated with the
                                             WV.
                                                                                                     the Port (COTP) Boston.                                event on June 16, 2017 will be a safety
                                               (a) Location. All navigable waters of                 DATES: This rule is effective from 8 p.m.              concern for personnel, vessels, and the
                                             the Ohio River, surface to bottom,                      through 10:30 p.m. on June 16, 2017.                   marine environment from potential
                                             beginning at mile marker 127.5 and                      ADDRESSES: To view documents                           hazards created by a barge based
                                             ending at mile marker 128.5 at New                      mentioned in this preamble as being                    fireworks display. The purpose of this
                                             Martinsville, WV.                                       available in the docket, go to http://                 rule is to ensure safety of the marine
                                               (b) Periods of enforcement. This rule                 www.regulations.gov, type USCG–2017–                   environment and navigable waters in
                                             will be enforced from 8:45 a.m. to 6:15                 0241 in the ‘‘SEARCH’’ box and click                   the safety zone before, during, and after
                                             p.m. daily on June 17, 2017 and June 18,                ‘‘SEARCH.’’ Click on Open Docket                       the scheduled event.
                                             2017.                                                   Folder on the line associated with this
                                                                                                     rule.                                                  IV. Discussion of the Rule
                                               (c) Regulations. (1) In accordance with
                                             the general regulations in § 100.801 of                 FOR FURTHER INFORMATION CONTACT: If                       This rule establishes a safety zone
                                             this part, entry into this area is                      you have questions on this rule, call or               from 8 p.m. through 10:30 p.m. on June
                                             prohibited unless authorized by the                     email Mark Cutter, Waterways                           16, 2017. The safety zone will cover all
                                             Captain of the Port Ohio Valley or a                    Management Division, U.S. Coast Guard                  navigable waters within specific
                                             designated representative.                              Sector Boston, telephone 617–223–4000,                 geographic locations specified in the
                                                                                                     email Mark.E.Cutter.mil.                               regulatory text on the navigable waters
                                               (2) Persons or vessels requiring entry                                                                       of Boston Harbor, Boston,
                                                                                                     SUPPLEMENTARY INFORMATION:
                                             into or passage through the area must                                                                          Massachusetts. Vessels not associated
                                             request permission from the Captain of                  I. Table of Abbreviations                              with the fireworks display shall
                                             the Port Ohio Valley or a designated                    CFR Code of Federal Regulations                        maintain a distance of at least 300 yards
                                             representative. U.S. Coast Guard Sector                 COTP Captain of the Port                               from the fireworks barge. The duration
                                             Ohio Valley may be contacted on VHF                     DHS Department of Homeland Security                    of the zone is intended to ensure the
                                             Channel 13 or 16, or at 1–800–253–                      FR Federal Register                                    safety of maritime public before, during,
                                             7465.                                                   NPRM Notice of proposed rulemaking
                                                                                                                                                            and after the event scheduled from 8
                                                                                                     § Section
                                               (d) Informational Broadcasts. The                     U.S.C. United States Code                              p.m. through 10:30 p.m. No vessel or
                                             COTP Ohio Valley or a designated                                                                               person would be permitted to enter the
                                             representative will inform the public                   II. Background Information and                         safety zone without obtaining
                                             through broadcast notices to mariners of                Regulatory History                                     permission from the COTP or a
                                             the enforcement period for the special                    The Coast Guard is issuing this                      designated representative.
                                             local regulation, as well as any changes                temporary rule without prior notice and                V. Regulatory Analyses
                                             in the dates and times of enforcement.                  opportunity to comment pursuant to
                                                                                                     authority under section 4(a) of the                      We developed this rule after
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                                               Dated: June 12, 2017.
                                                                                                     Administrative Procedure Act (APA) (5                  considering numerous statutes and
                                             M.B. Zamperini,                                         U.S.C. 553(b)). This provision                         Executive orders related to rulemaking.
                                             Captain, U.S. Coast Guard, Captain of the               authorizes an agency to issue a rule                   Below we summarize our analyses
                                             Port Ohio Valley.                                       without prior notice and opportunity to                based on a number of these statutes and
                                             [FR Doc. 2017–12499 Filed 6–15–17; 8:45 am]             comment when the agency for good                       Executive orders, and we discuss First
                                             BILLING CODE 9110–04–P                                  cause finds that those procedures are                  Amendment rights of protestors.


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                                                                  Federal Register / Vol. 82, No. 115 / Friday, June 16, 2017 / Rules and Regulations                                           27619

                                             A. Regulatory Planning and Review                         Small businesses may send comments                   we do discuss the effects of this rule
                                                Executive Orders 12866 and 13563                     on the actions of Federal employees                    elsewhere in this preamble.
                                             direct agencies to assess the costs and                 who enforce, or otherwise determine
                                                                                                                                                            F. Environment
                                             benefits of available regulatory                        compliance with, Federal regulations to
                                                                                                     the Small Business and Agriculture                       We have analyzed this rule under
                                             alternatives and, if regulation is
                                                                                                     Regulatory Enforcement Ombudsman                       Department of Homeland Security
                                             necessary, to select regulatory
                                                                                                     and the Regional Small Business                        Management Directive 023–01 and
                                             approaches that maximize net benefits.
                                                                                                     Regulatory Fairness Boards. The                        Commandant Instruction M16475.lD,
                                             Executive Order 13563 emphasizes the
                                                                                                     Ombudsman evaluates these actions                      which guide the Coast Guard in
                                             importance of quantifying both costs
                                                                                                     annually and rates each agency’s                       complying with the National
                                             and benefits, of reducing costs, of
                                                                                                     responsiveness to small business. If you               Environmental Policy Act of 1969 (42
                                             harmonizing rules, and of promoting
                                                                                                     wish to comment on actions by                          U.S.C. 4321–4370f), and have
                                             flexibility. This rule has not been
                                                                                                     employees of the Coast Guard, call 1–                  determined that this action is one of a
                                             designated a ‘‘significant regulatory
                                                                                                     888–REG–FAIR (1–888–734–3247). The                     category of actions that do not
                                             action,’’ under Executive Order 12866.
                                                                                                     Coast Guard will not retaliate against                 individually or cumulatively have a
                                             Accordingly, it has not been reviewed
                                                                                                     small entities that question or complain               significant effect on the human
                                             by the Office of Management and
                                                                                                     about this rule or any policy or action                environment. This rule involves a safety
                                             Budget.
                                                                                                     of the Coast Guard.                                    zone lasting less than three hours that
                                                We expect the economic impact of
                                                                                                                                                            will prohibit entry into a 300 yards zone
                                             this rule to be minimal. This regulation                C. Collection of Information
                                                                                                                                                            around the fireworks. It is categorically
                                             may have some impact on the public,                       This rule will not call for a new                    excluded from further review under
                                             but that potential impact will likely be                collection of information under the                    paragraph 34(g) of Figure 2–1 of the
                                             minimal for several reasons. First, this                Paperwork Reduction Act of 1995 (44                    Commandant Instruction. An Record of
                                             safety zone will be in effect for less than             U.S.C. 3501–3520).                                     Environmental Consideration (REC) is
                                             three hours. Second, vessels may enter
                                                                                                     D. Federalism and Indian Tribal                        available in the docket where indicated
                                             or pass through the safety zone during
                                                                                                     Governments                                            under ADDRESSES. We seek any
                                             an enforcement period with the
                                                                                                                                                            comments or information that may lead
                                             permission of the COTP or the                              A rule has implications for federalism              to the discovery of a significant
                                             designated representative. Finally, the                 under Executive Order 13132,                           environmental impact from this rule.
                                             Coast Guard will provide notification to                Federalism, if it has a substantial direct
                                             the public through Local Notice to                      effect on the States, on the relationship              G. Protest Activities
                                             Mariners and Broadcast Notice to                        between the national government and                      The Coast Guard respects the First
                                             Mariners well in advance of the event.                  the States, or on the distribution of                  Amendment rights of protesters.
                                             B. Impact on Small Entities                             power and responsibilities among the                   Protesters are asked to contact the
                                                                                                     various levels of government. We have                  person listed in the FOR FURTHER
                                                The Regulatory Flexibility Act of                    analyzed this rule under that Order and                INFORMATION CONTACT section to
                                             1980, 5 U.S.C. 601–612, as amended,                     have determined that it is consistent                  coordinate protest activities so that your
                                             requires Federal agencies to consider                   with the fundamental federalism                        message can be received without
                                             the potential impact of regulations on                  principles and preemption requirements                 jeopardizing the safety or security of
                                             small entities during rulemaking. The                   described in Executive Order 13132.                    people, places or vessels.
                                             term ‘‘small entities’’ comprises small                    Also, this rule does not have tribal
                                             businesses, not-for-profit organizations                implications under Executive Order                     List of Subjects in 33 CFR Part 165
                                             that are independently owned and                        13175, Consultation and Coordination                     Harbors, Marine safety, Navigation
                                             operated and are not dominant in their                  with Indian Tribal Governments,                        (water), Reporting and recordkeeping
                                             fields, and governmental jurisdictions                  because it does not have a substantial                 requirements, Security measures,
                                             with populations of less than 50,000.                   direct effect on one or more Indian                    Waterways.
                                             The Coast Guard certifies under 5 U.S.C.                tribes, on the relationship between the
                                             605(b) that this rule will not have a                                                                            For the reasons discussed in the
                                                                                                     Federal Government and Indian tribes,                  preamble, the Coast Guard amends 33
                                             significant economic impact on a                        or on the distribution of power and
                                             substantial number of small entities.                                                                          CFR part 165 as follows:
                                                                                                     responsibilities between the Federal
                                                While some owners or operators of                    Government and Indian tribes. If you                   PART 165—REGULATED NAVIGATION
                                             vessels intending to transit the safety                 believe this rule has implications for                 AREAS AND LIMITED ACCESS AREAS
                                             zone may be small entities, for all of the              federalism or Indian tribes, please
                                             reasons discussed in the Regulatory                     contact the person listed in the FOR                   ■ 1. The authority citation for part 165
                                             Planning and Review Section, this rule                  FURTHER INFORMATION CONTACT section                    continues to read as follows:
                                             will not have a significant economic                    above.                                                   Authority: 33 U.S.C., 1231; 50 U.S.C. 191;
                                             impact on any vessel owner or operator.                                                                        33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                Under section 213(a) of the Small                    E. Unfunded Mandates Reform Act
                                                                                                                                                            Department of Homeland Security Delegation
                                             Business Regulatory Enforcement                           The Unfunded Mandates Reform Act                     No. 0170.1.
                                             Fairness Act of 1996 (Pub. L. 104–121),                 of 1995 (2 U.S.C. 1531–1538) requires                  ■ 2. Add § 165.T01–0241 to read as
                                             we want to assist small entities in                     Federal agencies to assess the effects of              follows:
                                             understanding this rule. If the rule                    their discretionary regulatory actions. In
                                             would affect your small business,                       particular, the Act addresses actions
nlaroche on DSK30NT082PROD with RULES




                                                                                                                                                            § 165.T01–0241 Safety Zone—Boston
                                             organization, or governmental                           that may result in the expenditure by a                Harbor Now—Boston Harbor, Boston,
                                             jurisdiction and you have questions                     State, local, or tribal government, in the             Massachusetts.
                                             concerning its provisions or options for                aggregate, or by the private sector of                   (a) General. Establish a temporary
                                             compliance, please contact the person                   $100,000,000 (adjusted for inflation) or               safety zone:
                                             listed in the FOR FURTHER INFORMATION                   more in any one year. Though this rule                   (1) Location. The following area is a
                                             CONTACT section.                                        will not result in such an expenditure,                safety zone: All navigable waters within


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                                             27620                Federal Register / Vol. 82, No. 115 / Friday, June 16, 2017 / Rules and Regulations

                                             300-yard radius of the fireworks barge                    Dated: June 9, 2017.                                 Annual Events in the Captain of the Port
                                             positioned in vicinity of 42°19′14″ N.,                 C.C. Gelzer,                                           Buffalo Zone listed in 33 CFR 165.939
                                             070°59′36″ before, during, and after the                Captain, U.S. Coast Guard, Captain of the              for the following events:
                                             fireworks display.                                      Port Boston.                                              (1) A Salute to our Heroes, Lake
                                                                                                     [FR Doc. 2017–12493 Filed 6–15–17; 8:45 am]            Ontario, Hamlin, NY; The safety zone
                                                (2) Effective and enforcement period.
                                                                                                                                                            listed in 33 CFR 165.939(a)(16) will be
                                             This rule will be effective on June 16,                 BILLING CODE 9110–04–P
                                                                                                                                                            enforced from 9:45 p.m. to 11:15 p.m.
                                             2017, from 8 p.m. through 10:30 p.m.
                                                                                                                                                            on July 2, 2017.
                                                (b) Regulations. While this safety zone              DEPARTMENT OF HOMELAND                                    (2) Village Fireworks, Sodus Point,
                                             is being enforced, the following                        SECURITY                                               NY; The safety zone listed in 33 CFR
                                             regulations, along with those contained                                                                        165.939(a)(14) will be enforced from
                                             in 33 CFR 165.23 apply:                                 Coast Guard                                            9:45 p.m. to 11:00 p.m. on July 3, 2017.
                                                (1) No person or vessel may enter or                                                                           (3) North Tonawanda Fireworks,
                                             remain in this safety zone without the                  33 CFR Part 165                                        North Tonawanda, NY; The safety zone
                                             permission of the Captain of the Port                                                                          listed in 33 CFR 165.939(a)(18) will be
                                                                                                     [Docket No. USCG–2017–0387]
                                             (COTP) or the COTP’s representatives.                                                                          enforced from 9:25 p.m. to 10:15 p.m.
                                             However, any vessel that is granted                     Safety Zones; Annual Events in the                     on July 4, 2017.
                                                                                                     Captain of the Port Buffalo Zone—July                     (4) Tonawanda’s Canal Fest
                                             permission by the COTP or the COTP’s
                                                                                                     Fireworks                                              Fireworks, Tonawanda, NY; The safety
                                             representatives must proceed through
                                                                                                                                                            zone listed in 33 CFR 165.939(a)(19)
                                             the area with caution and operate at a                  AGENCY:  Coast Guard, DHS.                             will be enforced from 9:00 p.m. to 10:30
                                             speed no faster than that speed
                                                                                                     ACTION: Notice of enforcement of                       p.m. on July 23, 2017.
                                             necessary to maintain a safe course,                                                                              (5) French Festival Fireworks, Cape
                                             unless otherwise required by the                        regulation.
                                                                                                                                                            Vincent, NY; The safety zone listed in
                                             Navigation Rules.                                       SUMMARY:   The Coast Guard will enforce                33 CFR 165.939(a)(3) will be enforced
                                                (2) Any person or vessel permitted to                certain safety zones located in federal                from 9:30 p.m. to 10:45 p.m. on both
                                             enter the safety zone shall comply with                 regulations for recurring marine events.               July 8, 2017 and July 9, 2017.
                                             the directions and orders of the COTP                   This action is necessary and intended                     (6) Boldt Castle 4th of July Fireworks,
                                             or the COTP’s representatives. Upon                     for the safety of life and property on                 Heart Island, NY; The safety zone listed
                                             being hailed by a U.S. Coast Guard                      navigable waters during this event.                    in 33 CFR 165.939(a)(1) will be enforced
                                             vessel by siren, radio, flashing lights, or             During each enforcement period, no                     from 8:45 p.m. to 10:45 p.m. on July 4,
                                             other means, the operator of a vessel                   person or vessel may enter the                         2017.
                                             within the zone shall proceed as                        respective safety zone without the                        (7) Tom Graves Memorial Fireworks,
                                             directed. Any person or vessel within                   permission of the Captain of the Port                  Port Bay, NY; The safety zone listed in
                                             the safety zone shall exit the zone when                Buffalo.                                               33 CFR 165.939(a)(13) will be enforced
                                             directed by the COTP or the COTP’s                      DATES:  The regulations in 33 CFR                      from 9:45 p.m. to 10:45 p.m. on July 3,
                                             representatives.                                        165.939(a)(16) will be enforced on July                2017 within a 420-foot radius of
                                                                                                     2, 2017, from 9:45 p.m. to 11:15 p.m.;                 position 43°17′54″ N. and 076°49′51″ W.
                                                (3) To obtain permissions required by                                                                          (8) Olcott Fireworks, Olcott, NY; The
                                             this regulation, individuals may reach                  The regulations in 33 CFR
                                                                                                                                                            safety zone listed in 33 CFR
                                             the COTP or a COTP representative via                   165.939(a)(14) will be enforced on July
                                                                                                                                                            165.939(a)(17) will be enforced from
                                             VHF channel 16 or 617–223–5757                          3, 2017 from 9:45 p.m. to 11:00 p.m.;
                                                                                                                                                            9:30 p.m. to 11:00 p.m. on July 3, 2017.
                                             (Sector Boston Command Center).                         The regulations in 33 CFR                                 Pursuant to 33 CFR 165.23, entry into,
                                                                                                     165.939(a)(18) will be enforced on July                transiting, or anchoring within the
                                                (c) Penalties. Those who violate this
                                                                                                     4, 2017 from 9:25 p.m. to 10:15 p.m.;                  safety zone during an enforcement
                                             section are subject to the penalties set
                                                                                                     The regulations in 33 CFR                              period is prohibited unless authorized
                                             forth in 33 U.S.C. 1232 and 50 U.S.C.
                                                                                                     165.939(a)(19) will be enforced on July                by the Captain of the Port Buffalo or his
                                             1226.
                                                                                                     23, 2017 from 9:00 p.m. to 10:30 p.m.;                 designated representative. Those
                                                (d) Notification. Coast Guard Sector                 The regulations in 33 CFR 165.939(a)(3)
                                             Boston will give notice through the                                                                            seeking permission to enter the safety
                                                                                                     will be enforced on July 8, 2017 and                   zone may request permission from the
                                             Local Notice to Mariners and Broadcast                  July 9, 2017 from 9:30 p.m. to 10:45
                                             Notice to Mariners for the purpose of                                                                          Captain of Port Buffalo via channel 16,
                                                                                                     p.m.; The regulations in 33 CFR                        VHF–FM. Vessels and persons granted
                                             enforcement of this temporary safety                    165.939(a)(1) will be enforced on July 4,              permission to enter the safety zone shall
                                             zone. Sector Boston will also notify the                2017 from 8:45 p.m. to 10:45 p.m.; The                 obey the directions of the Captain of the
                                             public to the greatest extent possible of               regulations in 33 CFR 165.939(a)(13)                   Port Buffalo or his designated
                                             any period in which the Coast Guard                     will be enforced on July 3, 2017 from                  representative. While within a safety
                                             will suspend enforcement of this safety                 8:45 p.m. to 9:45 p.m.; The regulations                zone, all vessels shall operate at the
                                             zone.                                                   in 33 CFR 165.939(a)(17) will be                       minimum speed necessary to maintain a
                                                (e) COTP representative. The COTP’s                  enforced on July 3, 2017 from 9:30 p.m.                safe course.
                                             representative may be any Coast Guard                   to 11:00 p.m.                                             This notice of enforcement is issued
                                             commissioned, or petty officer or any                   FOR FURTHER INFORMATION CONTACT: If                    under authority of 33 CFR 165.939 and
                                             federal, state, or local law enforcement                you have questions about this notice of                5 U.S.C. 552(a). In addition to this
                                             officer who has been designated by the                  enforcement, call or email LT Michael                  notice of enforcement in the Federal
nlaroche on DSK30NT082PROD with RULES




                                             COTP to act on the COTP’s behalf. The                   Collet, Chief of Waterways Management,                 Register, the Coast Guard will provide
                                             COTP’s representative may be on a                       Coast Guard Sector Buffalo, telephone                  the maritime community with advance
                                             Coast Guard vessel, a Coast Guard                       716–843–9322, email D09-SMB-                           notification of this enforcement period
                                             Auxiliary vessel, a state or local law                  SECBuffalo-WWM@uscg.mil.                               via Broadcast Notice to Mariners or
                                             enforcement vessel, or a location on                    SUPPLEMENTARY INFORMATION: The Coast                   Local Notice to Mariners. If the Captain
                                             shore.                                                  Guard will enforce the Safety Zones;                   of the Port Buffalo determines that the


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Document Created: 2017-06-16 00:52:28
Document Modified: 2017-06-16 00:52:28
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 8 p.m. through 10:30 p.m. on June 16, 2017.
ContactIf you have questions on this rule, call or email Mark Cutter, Waterways Management Division, U.S. Coast Guard Sector Boston, telephone 617-223-4000, email Mark.E.Cutter.mil.
FR Citation82 FR 27618 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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