
[Federal Register: August 5, 2010 (Volume 75, Number 150)]
[Rules and Regulations]               
[Page 47215-47217]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05au10-18]                         


[[Page 47215]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2010-0675]
RIN 1625-AA08

 
Special Local Regulation; Marine Events Within the Captain of the 
Port Sector Boston Zone

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local 
regulations within the Captain of the Port Sector Boston Zone for 
several swim events and power boat races. These special local 
regulations are necessary to provide for the safety of life on 
navigable waters during these events. Entry into, transit through, 
mooring or anchoring within these zones is prohibited unless authorized 
by the Captain of the Port Sector Boston.

DATES: This rule is effective in the Code of Federal Regulations on 
August 5, 2010 through 11:59 p.m. on August 29, 2010. This rule is 
effective with actual notice for purposes of enforcement from 7 a.m. on 
July 25, 2010 through 11:59 p.m. on August 29, 2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0675 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0675 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail MST1 David Labadie, Waterways Management 
Division at Coast Guard Sector Boston; telephone (617) 223-5768, e-mail 
David.J.Labadie@uscg.mil. If you have questions on viewing the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
(202) 366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final 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 notice of proposed rulemaking (NPRM) with 
respect to this rule because the Coast Guard did not receive 
notification of the specific location or planned dates for the events 
in sufficient time to issue a NPRM without delaying this rulemaking. 
Delaying the effective date by first publishing a NPRM and holding a 
comment period would be contrary to the rule's objectives of ensuring 
safety of life on the navigable waters during these scheduled events as 
immediate action is needed to protect persons and vessels from the 
hazards associated with participation in these marine events. For the 
same reasons, the Coast Guard also finds, under 5 U.S.C. 553(d)(3), 
that good cause exists for making this rule effective less than 30 days 
after publication in the Federal Register.

Basis and Purpose

    This temporary rule is necessary to ensure the safety of vessels 
and spectators from hazards associated with marine events. The Captain 
of the Port Boston has determined that events in close proximity to 
watercraft and waterfront structures pose a significant risk to public 
safety and property. The likely combination of a large number of 
participants in close proximity to recreational vessels and spectators 
poses significant risks of serious injuries or fatalities. Establishing 
special local regulations around the location of these events will help 
ensure the safety of persons and property and help minimize the 
associated risks.
    The Coast Guard has ordered safety zones or special local 
regulations for these events in previous years and has not received 
public comments or concerns regarding impact to waterway traffic from 
these annual events.

Discussion of Rule

    This rule establishes temporary special local regulations on:
    (1) The Charles River between the Longfellow Bridge and the Harvard 
Bridge from 8 a.m. through 9 a.m. on July 25, 2010;
    (2) The Merrimack River near Newburyport, MA within a 400 yard 
radius of 42[deg]80.4' N, 070[deg]85.4' W from 3 p.m. through 5 p.m. on 
July 31, 2010;
    (3) Western Harbor near Gloucester, MA starting at the beach at 
position 42[deg]36'34'' N, 070[deg]40'02'' W, thence to 42[deg]36'29'' 
N, 070[deg]40'04'' W, thence to 42[deg]36'28'' N, 070[deg]40'00'' W, 
thence to the beach at position 42[deg]36'33'' N, 070[deg]39'58'' W 
from 10 a.m. through 11 a.m. on August 8, 2010;
    (4) Gloucester Harbor near Gloucester, MA within a 400 yard radius 
of approximate position 41[deg]35'35'' N, 070[deg]39'45'' W from 9 a.m. 
through 12 p.m. on August 21, 2010; and,
    (5) The Merrimack River between the Interstate 495 Highway Bridge 
and the Haverhill-Groveland SR97/113 Bridge from 12 p.m. on August 28 
through 5 p.m. on August 29, 2010.
    This rule is necessary to ensure the safety of participants, 
spectators and vessels during annual swim and high speed races that may 
pose a hazard to the public in the Captain of the Port Boston area of 
responsibility. The regulated areas will be enforced immediately 
before, during, and after the events.
    The Captain of the Port will inform the public about the details of 
each swim and high speed race covered by these special local 
regulations using a variety of means, including, but not limited to, 
Broadcast Notices to Mariners and Local Notices to Mariners.
    All persons and vessels must comply with the instructions of the 
Captain of the Port Boston or designated on scene patrol personnel. 
Entry into, transiting through, mooring or anchoring within any of the 
regulated areas is prohibited unless authorized by the Captain of the 
Port Boston or his designated on scene representative. The Captain of 
the Port or his designated on scene representative may be contacted via 
VHF Channel 16.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    The Coast Guard determined that this rule is not a significant 
regulatory action for the following reasons: The regulated areas will 
be of limited duration, they

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cover only a small portion of the navigable waterways, and the events 
are designed to avoid, to the extent possible, deep draft, fishing, and 
recreational boating traffic routes. In addition, vessels requiring 
entry into a regulated area may be authorized to do so by the Captain 
of the Port.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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.
    This rule will affect the following entities, some of which might 
be small entities: The owners and operators of vessels intending to 
enter into, transit through, moor or anchor within any of the regulated 
areas during the enforcement periods.
    These special local regulations will not have a significant 
economic impact on a substantial number of small entities because the 
regulated areas will be of limited duration, they cover only a small 
portion of the navigable waterways, and the events are designed to 
avoid, to the extent possible, deep draft, fishing, and recreational 
boating traffic routes. In addition, vessels requiring entry into a 
regulated area may be authorized to do so by the Captain of the Port.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded this action is one of a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment. This rule is categorically excluded, under figure 2-1, 
paragraph (34)(h) of the Instruction. An environmental analysis 
checklist and categorical exclusion determination are

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available in the federal docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 100

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

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 100 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.  100.35-T01-0675 to read as follows:


Sec.  100.35-T01-0675  Special Local Regulations; Summer Marine Events, 
Coastal Massachusetts.

    (a) General. Special local regulations are established for the 
following marine events:
    (1) Charles River One Mile Swim, Charles River, Boston, MA.
    (i) Location. All waters of the Charles River, from surface to 
bottom, between the Longfellow Bridge and the Harvard Bridge.
    (ii) Enforcement Date. This regulation will be enforced from 8 a.m. 
through 9 a.m. on July 25, 2010.
    (2) Joppa Flats Open Water Mile, Merrimack River, Newburyport, MA
    (i) Location. All waters of the Merrimack River, from surface to 
bottom, within a 400 yard radius of position 42[deg]80.4' N; 
070[deg]85.4' W.
    (ii) Enforcement Date. This regulation will be enforced from 3 p.m. 
through 5 p.m. July 31, 2010.
    (3) Gloucester Fisherman Triathlon, Western Harbor, Gloucester, MA.
    (i) Location. All waters of Western Harbor, from surface to bottom, 
starting at the beach at position 42[deg]36'34'' N 070[deg]40'02'' W, 
thence to 42[deg]36'29'' N 070[deg]40'04'' W, thence to 42[deg]36'28'' 
N 070[deg]40'00'' W, thence to the beach at position 42[deg]36'33'' N 
070[deg]39'58'' W.
    (ii) Enforcement Date. This regulation will be enforced from 10 
a.m. through 11 a.m. on August 8, 2010.
    (4) 32nd Annual Celebrate the Clean Harbor Swim, Gloucester Harbor, 
Gloucester, MA.
    (i) Location. All waters of Gloucester Harbor, from surface to 
bottom, within a 400 yard radius of approximate position 41[deg]35'35'' 
N 070[deg]39'45'' W.
    (ii) Enforcement Date. This regulation will be enforced from 9 a.m. 
through 12 p.m. on August 21, 2010.
    (5) Haverhill River Run, Merrimack River, Haverhill, MA.
    (i) Location. All waters of the Merrimack River, from surface to 
bottom, between the Interstate 495 Highway Bridge and the Haverhill-
Groveland SR97/113 Bridge.
    (ii) Enforcement Date. This regulation will be effective from 12 
p.m. on August 28, 2010 to 5 p.m. on August 29, 2010. This regulation 
will be enforced daily from 12 p.m. to 5 p.m. on both August 28th and 
29th, 2010.
    (b) Regulations.
    (1) In accordance with the general regulations in Section 100.35 of 
this part, entry into, and transiting or anchoring within any of these 
special local regulation areas is prohibited unless authorized by the 
Captain of the Port Boston or his designated on-scene representative.
    (2) These special local regulation areas are closed to all vessel 
traffic, except as may be permitted by the Captain of the Port Boston 
or his designated on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port 
Boston is any Coast Guard commissioned, warrant, or petty officer who 
has been designated by the Captain of the Port Boston to act on his 
behalf. The on-scene representative of the Captain of the Port Boston 
will be aboard either a Coast Guard or Coast Guard Auxiliary vessel. 
The Captain of the Port or his designated on scene representative may 
be contacted via VHF Channel 16.
    (4) Vessel operators desiring to enter or operate within any of the 
special local regulation areas must contact the Captain of the Port 
Boston or his on-scene representative to obtain permission to do so. 
Vessel operators given permission to enter or operate in the special 
local regulation areas must comply with all directions given to them by 
the Captain of the Port or his on-scene representative.

    Dated: July 23, 2010.
John N. Healey,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2010-19291 Filed 8-4-10; 8:45 am]
BILLING CODE 9110-04-P

