[Federal Register Volume 76, Number 71 (Wednesday, April 13, 2011)]
[Proposed Rules]
[Pages 20595-20598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8833]


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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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish 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: Comments and related material must be received by the Coast 
Guard on or before May 31, 2011.
    Requests for public meetings must be received by the Coast Guard on 
or before April 20, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0103 using any one of the following methods:
    (1) Federal e-Rulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
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 <a href="/cdn-cgi/l/email-protection#6d290c1b0409432743210c0f0c0904082d181e0e0a43000401"><span class="__cf_email__" data-cfemail="5f1b3e29363b711571133e3d3e3b363a1f2a2c3c3871323633">[email protected]</span></a>. 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: 

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2011-0103), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a

[[Page 20596]]

comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2011-0103'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable 
for copying and electronic filing. If you submit comments by mail and 
would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period and may change 
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2011-0103'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, on or before April 20, 2011, using one of the four 
methods specified under ADDRESSES. Please explain why you believe a 
public meeting would be beneficial. If we determine that one would aid 
this rulemaking, we will hold one at a time and place announced by a 
later notice in the Federal Register. For information on facilities or 
services for individuals with disabilities or to request special 
assistance at the public meeting, contact Petty Officer David Labadie 
at the telephone number or e-mail address indicated under the FOR 
FURTHER INFORMATION CONTACT section of this notice.

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.
    This proposed rule is necessary to ensure the safety of vessels and 
spectators from the hazards associated with competitive sailing 
regattas. Without the proposed 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. 
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.

Discussion of Proposed Rule

    This proposed 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.
    The COTP will inform the public about the details of the regulated 
areas using a variety of means, including, but not limited to, 
Broadcast Notice to Mariners and Local Notice to Mariners.
    All persons and vessels shall comply with the instructions of the 
COTP Boston or the designated on-scene representative. Specific 
instructions for entering into, transiting through, mooring or 
anchoring within the regulated areas, will be coordinated by the COTP 
Boston or the designated on-scene representative. The COTP or the 
designated on-scene representative may be contacted via VHF Channel 16 
or by telephone at (617) 223-5750.

Regulatory Analyses

    We developed this proposed 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 proposed 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.
    We expect the economic impact of this rule to be so minimal that a 
full regulatory evaluation is unnecessary. This rule may have some 
impact on the public, but these potential impacts will be minimal 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

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    This proposed 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

[[Page 20597]]

within this regulated area during periods of enforcement.
    This proposed rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
proposed 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 
proposed 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.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. 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 PO David Labadie at the 
telephone number or e-mail address indicated under the FOR FURTHER 
INFORMATION CONTACT section of this notice. The Coast Guard will not 
retaliate against small entities that question or complain about this 
proposed rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call 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 proposed 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 proposed rule would not 
result in such expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this proposed 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 proposed 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 made a preliminary determination under paragraph 34(h) of the 
Instruction, that this action is one of a category of actions that do 
not individually or cumulatively have a significant effect on the human 
environment. This proposed rule involves the establishment of a special 
local regulation. A preliminary environmental analysis checklist 
supporting this determination 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 
proposed rule.

List of Subjects in 33 CFR Part 100

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


[[Page 20598]]


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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  33 U.S.C. 1233.

    2. Add 33 CFR 100.35-T01-0103 to read as follows:


Sec.  100.35-T01-0103  Special Local Regulation; Extreme Sailing Series 
Boston; Boston Harbor; Boston, MA.

    (a) Regulated Area.
    (1) 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]03' W, thence crossing the Fort Point Channel along Northern 
Avenue to position 42[deg]21.3' N; 071[deg]02.9' 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]01.4' W, continuing and 
crossing Boston Harbor to the opposite shore near Logan Airport at 
position 42[deg]21.2' N; 071[deg]01' 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]03' W.
    (2) 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 <greek-i>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.
    (i) 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 be 
enforced daily from 1 p.m. until 6 p.m., June 30, 2011 through July 4, 
2011.

    Dated: March 30, 2011.
John N. Healey,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2011-8833 Filed 4-12-11; 8:45 am]
BILLING CODE 9110-04-P


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