[Federal Register Volume 77, Number 64 (Tuesday, April 3, 2012)]
[Proposed Rules]
[Pages 19963-19967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7917]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket No. USCG-2012-0100]
RIN 1625-AA00; 1625-AA08


Special Local Regulation and Security Zone: War of 1812 
Bicentennial Commemoration, Port of Boston, MA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to adopt a temporary special local 
regulation and temporary security zones, during, and after the War of 
1812 Bicentennial Commemoration events in the Port of Boston, 
Massachusetts, to be held between June 28, 2012 and July 6, 2012. These 
regulations are necessary to promote the safe navigation of vessels and 
the safety of life and property during the heavy volume of vessel 
traffic expected during this event.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 18, 2012. Requests for public meetings must be 
received by the Coast Guard on or before April 24, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0100 using any one of the following methods:
    (1) Federal eRulemaking 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 email Mr. Mark Cutter, Coast Guard Sector Boston, 
Waterways Management Division, telephone 617-223-4000, email 
[email protected] or Lieutenant Junior Grade Isaac Slavitt, Coast 
Guard First District Waterways Management Branch, telephone 617-223-
8385, email [email protected]. 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-2012-0100), 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 
comment online via 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 email 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, 
type the docket number (USCG-2012-0100 in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking. 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.

[[Page 19964]]

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, 
type the docket number (USCG-2012-0100 in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. 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. A copy of this proposal will also 
be placed in the local notice to mariners.

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 24, 2012 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.
    The event sponsor hosted a planning and coordination meeting that 
was open to the public on October 12, 2011 and held an Initial Planning 
Conference on February 14-15, 2012 in Boston, MA. Recommendations to 
employ a similar pattern to that which was used during the Sail Boston 
2009 events was recommended during this meeting and that recommendation 
is incorporated into this document. Additionally, informal discussions 
were held December 21, 2011 and January 18, 2012 during the Boston's 
Port Operators Group Meeting, and comments concerning the use of 
traffic patterns the way they were used during Sail Boston 2009 have 
been addressed. The War of 1812 Bicentennial Commemoration Events will 
be a topic on the agenda in future monthly Boston Port Operators Group 
Meetings. On January 26, 2012 the Coast Guard held an informal meeting 
with Federal, State and local government agencies to brief them on the 
planning the Coast Guard is doing for the War of 1812 Bicentennial 
Commemoration Events; this meeting was attended by some local business 
leaders. Nothing discussed at this meeting impacted the drafting of 
this proposed regulation.

Basis and Purpose

    The legal basis for the proposed rule is 33 U.S.C. 1225, 1226, 
1231, 1233; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; Pub. 
L. 107-295, 116 Stat. 2064; Ports and Waterways Safety Act and 
Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to define special local 
regulations and security zones.
    The proposed temporary regulations are for the War of 1812 
Bicentennial Commemoration events to be held in Boston Harbor, which 
the U.S. Coast Guard has designated this as a Marine Event of National 
Significance. These events will be held from June 28, 2012 through July 
6, 2012. This rule is proposed to provide for the safety of life on 
navigable waters and to protect U.S. and Foreign military vessels, U.S. 
and foreign government sailing vessels, private vessels, spectators, 
and the Port of Boston during these events.

Discussion of Proposed Rule

    The United States Navy is planning a series of events nationwide to 
celebrate the commemoration of the War of 1812. The Port of Boston 
events will occur between June 28 and July 6, 2012. The events will 
consist of a gathering of U.S and foreign military vessels, U.S. and 
foreign government sailing vessels mooring in various berths throughout 
the Port of Boston.
    At the time of this notice, War of 1812 Bicentennial Commemoration 
events are expected to include the following:
    1. June 28-29--Multiple U.S. and foreign military vessels arrive;
    2. June 30: Arrival of the U.S. and foreign government sailing 
vessels;
    3. June 28 through July 6: Security Zones in effect;
    4. June 30 through July 6: Public tours of U.S and Foreign military 
vessels and U.S and foreign government sailing vessels;
    5. June 29 through July 6: Vessel movement control measures in 
effect;
    6. July 4: USS CONSTITUTION and USCGC EAGLE Parade;
    7. July 4: USN Blue Angles aerial demonstration.
    On July 4, starting at 11 a.m. there will be salute to the USS 
CONSITUTION and USCGC EAGLE as they sail from Constitution Pier, 
outbound Boston Main Channel to Castle Island and return. This will be 
followed by an air demonstration by the Navy's Blue Angels above Boston 
Inner Harbor at approximately 12:15 p.m.

Special Local Regulations

    In the year 2009, a similar event, Sail Boston 2009, drew several 
hundred thousand spectators by both land as well as water to Boston 
Harbor.
    Recognizing the significant draw this event may have on 
recreational boating traffic, the Coast Guard's proposes to establish a 
special local regulation that would create vessel movement control 
measures in Boston Harbor through a Regulated Area, which will be in 
effect during the War of 1812 Bicentennial Commemoration events.
    This proposed regulated area is needed for vessel movement control 
measures and to facilitate law enforcement vessel access to support 
facilities. Additionally, the regulated areas will protect the maritime 
public and participating vessels from possible hazards to navigation 
associated with dense vessel traffic.
    The proposed Regulated Area establishes a counter-clockwise traffic 
pattern around Boston Inner Harbor to ensure spectator vessels are 
following an organized route, facilitating the smooth flow of boating 
traffic, thereby minimizing disruption on the waterway. A Coast Guard 
Patrol Commander (PATCOM) will be designated and on scene controlling 
the flow of traffic through the Regulated Area.
    The waterway between the World Trade Center Pier and the Fish Pier, 
as well as the waterway within the Reserved Channel do not constitute 
large areas for unhindered navigation. Due to the navigation 
restrictions in these waterways, when vessels over 125 feet enter the 
area, on-scene patrol personnel will halt the flow of vessel traffic 
and allow no other vessel in the channel until the vessel greater than 
125 feet is clear of the narrow channel.
    Due to concerns of tenants at the World Trade Center, Fish Piers 
and the Black Falcon Terminal, waterside viewing hours for vessels 
berthed at these facilities will be limited to times specified in the 
regulatory text, outside of which only vessels which are tenants within 
the channels of the World Trade Center, Fish Pier and Reserved Channel 
will be authorized access within those areas.

Security Zones

    Additionally, the Coast Guard is proposing to establish 25-yard 
security

[[Page 19965]]

zones surrounding participating vessels while moored. The proposed 
regulations would be in effect in Boston Harbor throughout the 
effective period. These restrictions are expected to minimize the risks 
associated with the anticipated large number of recreational vessel 
traffic within the confines of Boston Inner Harbor operating in 
conjunction with commercial deep draft vessel traffic that pose a 
significant threat to the safety of life.

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, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    Although this regulation imposes traffic restrictions in portions 
of Boston Harbor during the events, the effect of this regulation will 
not be significant for the following reasons: the regulated area and 
security zones will only be in place during the week long War of 1812 
activities, and Extensive advance notice will be made to mariners via 
appropriate means, which may include broadcast notice to mariners, 
local notice to mariners, facsimile, marine safety information 
bulletin, local Port Operators Group meetings, the Internet, USCG 
Sector Boston Homeport Web page, and local newspapers and media. The 
advance notice will permit mariners to adjust their plans accordingly. 
Additionally, the regulated area is tailored to impose the least impact 
on maritime interests without compromising safety.
    Similar restrictions were established for Sailing Boston 1992, 
2000, and 2009 events. Based upon the Coast Guard's experiences from 
those previous similar magnitude events, these proposed regulations 
have been narrowly tailored to impose the least impact on maritime 
interests yet provide the necessary level of safety.

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 would affect the following entities, some of 
which might be small entities: The owners or operators of vessels 
intending to transit, fish, or anchor in portions of Boston Harbor 
during various times during the effective period.
    The proposed rule would not have a significant economic impact on a 
substantial number of small entities for the same reasons outlined in 
the Executive Order 12866 and Executive Order 13563 section above.
    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 the person listed under FOR 
FURTHER INFORMATION CONTACT. 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 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 proposed rule under that Order and 
determined that this rule 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 an 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

[[Page 19966]]

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 that this action appears to be 
one of a category of actions that do not individually or cumulatively 
have a significant effect on the human environment. A preliminary 
environmental analysis checklist supporting this determination will be 
available in the docket where indicated under ADDRESSES. This rule 
appears to be categorically excluded, under figure 2-1, paragraphs 
(34)(g) and (h) of the Instruction. We seek any comments or information 
that may lead to the discovery of a significant environmental impact 
from this proposed rule.

List of Subjects

33 CFR Part 100

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

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 proposes 
to amend 33 CFR parts 100 and 165 as follows:

PART 100--REGATTAS AND MARINE PARADES

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

    Authority: 33 U.S.C. 1233.

    2. Add temporary Sec. 100.T01-0100 to read as follows:


Sec.  100.T01-0100  Special Local Regulation; War of 1812 Bicentennial 
Commemoration, Port of Boston, Massachusetts.

    (a) Location: This special local regulation establishes a regulated 
area to include all waters west of a line drawn from the monument at 
Castle Island in approximate position 42[deg]20'21'' N, 71[deg]00'37'' 
W, to the Logan Airport Security Zone Buoy ``24'' in approximate 
position 42[deg]20'45'' N, 71[deg]00'29'' W, and then to land in 
approximate position 42[deg]20'48'' N, 71[deg]00'27'' W, including the 
Reserved Channel to the Summer Street retractile bridge in approximate 
position 42[deg]20'34'' N, 71[deg]02'11'' W, the Charles River to the 
Gridley Locks at the Charles River Dam in approximate position 
42[deg]22'07'' N, 71[deg]03'40'' W, the Mystic River at the Alford 
Street Bridge in approximate position 42[deg]23'22'' N, 71[deg]04'16'' 
W, and the Chelsea River to the McArdle Bridge in approximate position 
42[deg]23'09'' N, 71[deg]02'21'' W.
    (b) Special Local Regulations. (1) During the effective period, 
vessel operators transiting through the regulated area shall proceed in 
a counterclockwise direction at no wake speeds not to exceed five 
knots, unless otherwise authorized by the Captain of the Port.
    (2) Vessel operators shall comply with the instructions of on-scene 
Coast Guard patrol personnel. On-scene Coast Guard patrol personnel 
include commissioned, warrant, and petty officers of the Coast Guard 
onboard Coast Guard, Coast Guard Auxiliary, local, state, and federal 
law enforcement vessels.
    (3) From 9 a.m. on June 29, 2012 through 6 p.m. on July 6, 2012 
vessel control measures will be implemented. The traffic pattern will 
be in a counterclockwise rotation, such that all vessels shall stay 
generally as far to the starboard side of the channel as is safe and 
practicable.
    (4) To facilitate commercial ferry traffic with minimal disruption, 
commercial ferries within the regulated area, moving between stops on 
their normal routes, will be exempt from the mandatory counterclockwise 
traffic pattern. This exemption does not give ferries navigational 
precedence or in any way alter their responsibilities under the Rules 
of the Road or any other pertinent regulations.
    (5) Vessel operators transiting the waterway between the Fish Pier 
and World Trade Center must enter and keep to the starboard side of the 
channel, proceeding as directed by on-scene Coast Guard patrol 
personnel. Vessel traffic shall move in a counterclockwise direction 
around a turning point as marked by an appropriate on-scene patrol 
vessel.
    (6) Vessel operators transiting the regulated area must maintain at 
least twenty five (25) yard safe distance from all official War of 1812 
event participants, all U.S. military vessels under 100 feet, and all 
foreign military vessels, and must make way for all deep draft vessel 
traffic underway in the regulated area.
    (7) When a vessel greater than 125 feet enters the waterway between 
the World Trade Center and the Fish Pier and inside the Reserved 
Channel, no other vessel will be allowed to enter until that vessel 
departs that area unless authorized by the on-scene Patrol Commander.
    (8) From 10 p.m. through 8 a.m. daily, while regulated area is in 
effect, only vessels which are tenants within the channels of the World 
Trade Center, Fish Pier and Reserved Channel will be authorized access.
    (9) The Captain of the Port (COTP) may control the movement of all 
vessels operating on the navigable waters of Boston Harbor when the 
COTP has determined that such orders are justified in the interest of 
safety by reason of weather, visibility, sea conditions, temporary port 
congestion, and other temporary hazards circumstance.
    (c) Enforcement period. This regulation will be enforced from 9 
a.m. on June 29, 2012 through 6 p.m. on July 6, 2012.

[[Page 19967]]

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5; 
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

    4. Add temporary Sec. 165.T01-0100 to read as follows:


Sec.  165.T01-0100  Security Zones: War of 1812 Bicentennial 
Commemoration, Port of Boston, Massachusetts.

    (a) Location. The following are security zones: a twenty five (25) 
yard safety and security zone around all moored official War of 1812 
event participants, all moored U.S. military vessels under 100 feet, 
and all foreign military vessels within the Captain of the Port Zone 
Boston.
    (b) Definitions. For purposes of this section ``Designated on-scene 
representative'' is any Coast Guard commissioned, warrant, or petty 
officer who has been designated by the Captain of the Port (COTP) 
Boston to act on the COTP's behalf. The designated on-scene 
representative may be on a Coast Guard vessel, or onboard a federal, 
state, or local agency vessel that is authorized to act in support of 
the Coast Guard.
    (c) Enforcement period. This regulation will be enforced from 9 
a.m. on June 28, 2012 until 6 p.m. on July 6, 2012.
    (d) Regulations. (1) In accordance with the general regulations in 
33 CFR 165.33, subpart D, no person or vessel may enter, transit, 
anchor or otherwise move within the security zones created by this 
section unless granted permission to do so by the COTP Boston or the 
designated on-scene representative.
    (2) Vessel operators desiring to enter or operate within the 
security zone shall contact the COTP or the designated on-scene 
representative via VHF channel 16 to obtain permission.
    (3) Penalties. Vessels or persons violating this rule are subject 
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

    Dated: March 15, 2012.
J.N. Healey,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2012-7917 Filed 4-2-12; 8:45 am]
BILLING CODE 9110-04-P