
[Federal Register Volume 76, Number 120 (Wednesday, June 22, 2011)]
[Rules and Regulations]
[Pages 36311-36314]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15584]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2011-0103]
RIN 1625-AA08


Special Local Regulation; Extreme Sailing Series Boston; Boston 
Harbor, Boston, MA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation in Boston Harbor, Boston, Massachusetts, within the Captain 
of the Port (COTP) Boston Zone. This special local regulation is 
necessary to provide for the safety of life on navigable waters during 
the Extreme Sailing Series Boston regatta. The special local regulation 
will temporarily restrict vessel traffic in a portion of Boston Harbor, 
and prohibit vessels not participating in the Extreme Sailing Series 
event from entering the designated race area.

DATES: This rule is effective from 1 p.m. on June 30, 2011, to 6 p.m. 
on July 4, 2011. This regulation will also be enforced daily from 1 
p.m. until 6 p.m., June 30, 2011 through July 4, 2011.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2011-0103 and are available online by going to 
http://www.regulations.gov, inserting USCG-2011-0103 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is 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 rule, 
call or e-mail MST1 David Labadie of the Waterways Management Division, 
U.S. Coast Guard Sector Boston; telephone 617-223-3010, e-mail 
david.j.labadie@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On April 13, 2011, we published a notice of proposed rulemaking 
(NPRM) entitled: Special Local Regulation; Extreme Sailing Series 
Boston; Boston Harbor, Boston, Massachusetts, in the Federal Register 
(76 FR 20595). We received one comment on the proposed rule. No public 
meeting was requested, and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. The Coast Guard completed the 
public comment period for this rule and only received one comment on 
the rule which was positive in nature. The sponsor is unable to 
reschedule this event due the vast number of participants, scheduling, 
and to other activities being held in conjunction with the event. 
Establishing a special local regulation for the event will help ensure 
the safety of persons and property and minimize the associated risks by 
controlling vessel traffic and movement.

Basis and Purpose

    The legal basis for this rule is 33 U.S.C. 1233, which authorizes 
the Coast Guard to define Special Local Regulations.
    Establishing a special local regulation for the event will help 
ensure the safety of persons and property and minimize the associated 
risks by controlling vessel traffic and movement.

Background

    This temporary special local regulation is necessary to ensure the 
safety of vessels, participants, and the public during the Extreme 
Sailing Series Boston regatta. The event will take place over the 
course of five days in Boston Harbor in the vicinity of Fan Pier. There 
will be two regulated areas associated with this event and they will be 
enforced immediately before, during, and after the regatta, from June 
30th through July 4th, 2011, from 1 p.m. to 6 p.m. daily.
    This rule is necessary to ensure the safety of vessels and 
spectators from the hazards associated with competitive sailing 
regattas. Without the rule, the combination of a large number of 
recreational vessels due to spectators, sailboats traveling at high 
speeds on the race course, and large numbers of spectators on the 
adjacent Fan Pier in close proximity to the water and in a small area 
of water, could easily result in serious injuries or fatalities.
    All persons and vessels shall comply with the instructions of the 
COTP Boston or the designated on-scene representative. Entering into, 
transiting through, mooring or anchoring within the special local 
regulation area is prohibited unless authorized by the COTP Boston or 
the designated on-scene representative.

[[Page 36312]]

Discussion of Comments and Changes

    We received one comment and no changes have been made to the 
proposed rule.
    The Boston Harbor Association, a non-profit, public interest 
organization, stated they attended two meetings regarding the plans for 
the Extreme Sailing Series. Having been at both meetings, the Boston 
Harbor Association believes that the proposed regulation restricting 
access to a portion of the waterway addresses the concerns discussed at 
the meetings, and write in support of the regulation as drafted. The 
Boston Harbor Association commends all parties for working together to 
promote activities which allow the public to enjoy Boston Harbor and 
the waterfront while minimizing impacts to port commerce and commercial 
boat operators.

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.

Executive Order 12866 and Executive Order 13563

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, 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: (1) The rule will be in 
effect for five hours per day for five days; (2) persons and vessels 
may still enter, transit through, anchor in, or remain within the 
regulated area if they obtain permission from the COTP or the 
designated representative; and (3) advance notification will be made to 
the maritime community via broadcast notice to mariners and Local 
Notice to Mariners (LNM).

Small Entities

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 
may be small entities: The owners or operators of vessels intending to 
enter, transit through, anchor in or remain within this regulated area 
during periods of enforcement.
    This rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
rule will be enforced for a short duration and the race area within the 
Special Local Regulation area can be quickly collapsed at the 
discretion of the COTP, as necessary to allow for certain vessels 
greater than 65 feet in length to transit, provided the vessels have 
given a five-hour advance notice of their intended transit to the COTP. 
All other vessels not required to provide advance notification may 
transit within the Special Local Regulation area, with the exception of 
the race area, at all times while following the regulations in this 
rule.
    Additionally, the race organizers will coordinate with industry and 
the Boston Pilots to provide minimal interruption of commercial vessel 
traffic during the enforcement periods.

Assistance for Small Entities

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

[[Page 36313]]

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 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 
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 is categorically excluded, under figure 2-1, 
paragraph (34)(h), of the Instruction. This rule involves the 
establishment of a special local regulation. An environmental analysis 
checklist and a categorical exclusion determination are available in 
the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--REGULATED 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.T01-0103 to read as follows:


Sec.  100.T01-0103  Special Local Regulation; Extreme Sailing Series 
Boston; Boston Harbor; Boston, MA.

    (a) Regulated Area. The following is designated as the special 
local regulation area: All waters of Boston Harbor near Boston, MA, 
surface to bottom, encompassed by an area starting at position: 
42[deg]21.3' N; 071[deg]3' W, thence crossing the Fort Point Channel 
along Northern Avenue to position 42[deg]21.3' N; 071[deg]2.9' W, 
continuing Southeast along the Shoreline past Fan Pier to the end of 
the North Jetty at position 42[deg]20.8' N; 071[deg]1.4' W, continuing 
and crossing Boston Harbor to the opposite shore near Logan Airport at 
position 42[deg]21.2' N; 071[deg]1' W, continuing Northwest in a 
straight line along the shoreline to Pier One at position 42[deg]21.9' 
N; 071[deg]02.5' W, thence back across Boston Harbor to the point of 
origin at position 42[deg]21.3' N; 071[deg]3' W.
    (1) The following area within the special local regulation area is 
specified as the race area: All waters of Boston Harbor near Boston, 
MA, surface to bottom, encompassed by an area starting at position: 
42[deg]21.59' N; 071[deg]02.52' W, thence to position 42[deg]21.28' N; 
071[deg]01.83' W, thence to position 42[deg]21.10' N; 071[deg]01.95' W, 
thence to position 42[deg]21.20' N; 071[deg]02.26' W, thence to 
position 42[deg]21.15' N; 071[deg]02.31' W, thence to position 
42[deg]21.31' N; 071[deg]02.72' W, thence to the point of origin at 
position 42[deg]21.59' N; 071[deg]02.52' W. This area will be clearly 
defined by floating buoys and will have the ability to be collapsed 
quickly to allow for safe passage of traffic if they have obtained 
permission from the COTP or the designated representative.
    (b) Regulations. In accordance with the general regulations in 33 
CFR Part 100, to enter, transit through, anchor in, or remain within 
the special local regulation area is prohibited unless permission has 
been authorized by the Captain of the Port (COTP) Boston, or the 
designated on-scene representative. The ``designated on-scene 
representative'' is any Coast Guard commissioned, warrant, or petty 
officer who is designated by the COTP to act on his behalf. The 
designated on-scene representative will be aboard either a Coast Guard 
or Coast Guard Auxiliary vessel. The COTP or the designated on scene 
representative may be contacted via VHF Channel 16 or by telephone at 
(617) 223-5750.
    (1) The following restrictions apply to the special local 
regulation area identified in section (a)(1) of this regulation.
    (i) Special Anchorage ``A'', which is a small vessel anchorage 
located near Rowes Wharf, is the only permitted area for anchoring. All 
other anchoring within this special local regulation area, including in 
Anchorage Area 1, is prohibited.
    (ii) This special local regulation area is designed to restrict 
vessel traffic, including all non-motorized vessels, except as may be 
permitted by the COTP Boston or the designated on-scene representative.
    (iii) Within this area all vessels will transit at the minimum 
speed necessary to maintain headway without creating a wake.
    (iv) Due to the waterway area restriction and the expected increase 
in recreational vessels in the area, vessel operators of all vessels 65 
feet in length or greater desiring to enter or operate within the 
special local regulation area shall contact the COTP or the designated 
on-scene representative at least five hours prior to the desired 
transit time to obtain permission to do so. Permission to enter the 
special local regulation area will be considered on a case by case 
basis at the discretion of the COTP and vessels may be escorted through 
the area if the COTP deems it necessary for safe transit. Failure to 
provide notification of entry at least five hours prior to transit may 
result in a denial of entry into the regulated area during the 
enforcement period. Vessel operators given permission to enter the area 
must comply with all directions given to them by the COTP or the 
designated on-scene representative.
    (2) The following restrictions apply to the area identified as the 
race area in section (a)(2) of this regulation. This area is closed to 
all vessel traffic, with the exception of vessels involved directly 
with the event such as: sailboat race participants, event safety 
vessels, on-scene patrol and law enforcement vessels.
    (c) Effective Period. This regulation is effective from 1 p.m. on 
June 30, 2011, to 6 p.m. on July 4, 2011. This regulation will also be 
enforced daily

[[Page 36314]]

from 1 p.m. until 6 p.m., June 30, 2011 through July 4, 2011.

    Dated: June 10, 2011.
John N. Healey,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2011-15584 Filed 6-21-11; 8:45 am]
BILLING CODE 9110-04-P


