[Federal Register Volume 77, Number 116 (Friday, June 15, 2012)]
[Rules and Regulations]
[Pages 35839-35842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14650]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 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: This rule is effective and will be enforced from 9 a.m. on June 
29, 2012 to 6 p.m. on July 6, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2012-0100. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' Box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with the 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary final rule, call or email Mr. Mark Cutter, Coast Guard Sector 
Boston Waterways Management Division, telephone 617-223-4000, 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: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On April 3, 2012, we published a notice of proposed rulemaking 
(NPRM) entitled: Special Local Regulation and Security Zone: War of 
1812 Bicentennial Commemoration, Port of Boston, Massachusetts; in the 
Federal Register (77 FR 19963). Two comments were received in the 
proposed rule's docket:
     One comment was accidentally misfiled from an unrelated 
FAA regulation and did not pertain to our proposed rulemaking. It has 
since been removed from the docket for this rule by the Docket 
Management System.
     One comment asked simply ``Will there be any provisions 
for Press Boats for the event? If so how should the vessel be flagged 
or identified as such?'' The Coast Guard recommends that a boat with 
members of the media onboard, display something with the word ``MEDIA'' 
that is visible to other vessels.
    No public meeting was requested of the Coast Guard, and none was 
held.
    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 and a mid-term planning conference 
on May 8, 2012 in

[[Page 35840]]

Boston, MA. Recommendations to employ a similar pattern to that which 
was used during the Sail Boston 2009 events were received during this 
meeting; such recommendations are incorporated into this document.
    Additionally, informal discussions were held with port stakeholders 
in December 2011, January, March, April, and May 2012 during the 
Boston's Port Operators Group monthly Meetings, and comments 
recommending the use of traffic patterns the way they were used during 
Sail Boston 2009 have been addressed.
    On January 26, 2012 the Coast Guard briefed federal, state, and 
local government agencies to update them on Coast Guard planning for 
the War of 1812 Bicentennial Commemoration Events. This meeting was 
also attended by several local business leaders. Nothing discussed at 
this meeting impacted the drafting of this proposed regulation.
    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. Any delay in the effective date of 
this rule could jeopardize the safety of life on navigable waters and 
protection of U.S. and Foreign military vessels, U.S. and foreign 
government sailing vessels, private vessels, spectators, and the Port 
of Boston during these events.

B. Basis and Purpose

    The legal basis for the temporary rule is 33 U.S.C. 1226, 1231, 46 
U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; Public Law 107-295, 
116 Stat. 2064; and Department of Homeland Security Delegation No. 
0170.1, which collectively authorize the Coast Guard to define special 
local regulations and security zones.
    The purpose of this rule is to promote the safe navigation of 
vessels and the safety of life and property during the heavy volume of 
vessel traffic expected in the Port of Boston during the War of 1812 
Bicentennial Commemoration events.

C. Discussion of Comments, Changes and the Final 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.
    The War of 1812 Bicentennial Commemoration events are expected to 
conform to the following outline of events:
    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 is establishing 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 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 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.
    A comment was received on the proposed ruling requesting to know 
what provisions will be made to identify press boats. To help identify 
a press boat, The Coast Guard recommends that a boat with members of 
the media onboard, display something with the word ``MEDIA'' that is 
visible to other vessels.

Security Zones

    Additionally, the Coast Guard is establishing 25-yard security 
zones surrounding participating vessels while moored. The regulations 
will 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.
    This rule is effective and will be enforced from 9 a.m. on June 29, 
2012 to 6 p.m. on July 6, 2012.

D. 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.

1. Regulatory Planning and Review

    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, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) Executive Order 12866 or under 
section 1 of Executive Order 13563. The Office of Management and Budget 
has not reviewed it under that Order.

[[Page 35841]]

    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 regulations have been 
narrowly tailored to impose the least impact on maritime interests yet 
provide the necessary level of safety.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended requires federal agencies to consider the potential impact of 
regulations on small entitles during rulemaking. The Coast Guard 
certifies under 5 U.S.C. 605(b) that this rule would not have a 
significant economic impact on a substantial number of small entities.
    This 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 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.

3. 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 rule. If the 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, 
above.
    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.

4. 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).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on 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 determined 
that it does not have implications for federalism.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``Significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 involves temporary security zones and a special 
local regulation. This regulatory action is categorically excluded from 
further environmental analysis and review paragraph 34(g) and (h) 
respectively of figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist and Categorical Exclusion 
Determination are available in the

[[Page 35842]]

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.

List of Subjects

33 CFR Part 100

    Marine Safety, Navigation (water), Reporting and recordkeeping 
requirements, 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 amends 
33 CFR part 100 and 165 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 temporary Sec.  100.35T01-0100 to read as follows:


Sec.  100.35T01-0100  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 position 
42[deg]20'21'' N, 71[deg]00'37'' W, the monument at Castle Island, to 
position 42[deg]20'45'' N, 71[deg]00'29'' W, the Logan Airport Security 
Zone Buoy ``24'' and then position 42[deg]20'48'' N, 71[deg]00'27'' W, 
a point of land, including the Reserved Channel to position 
42[deg]20'34'' N, 71[deg]02'11'' W, the Summer Street retractile 
bridge, the Charles River to position 42[deg]22'07'' N, 71[deg]03'40'' 
W, the Gridley Locks at the Charles River Dam, the Mystic River to 
position 42[deg]23'22'' N, 71[deg]04'16'' W, the Alford Street Bridge 
and the Chelsea River to position 42[deg]23'09'' N, 71[deg]02'21'' W 
the McArdle Bridge.
    (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) Effective period. This regulation is effective from 9 a.m. on 
June 29, 2012 through 6 p.m. on July 6, 2012.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
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.


0
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) Effective period. This regulation is effective 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: June 4, 2012.
J.N. Healey,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2012-14650 Filed 6-14-12; 8:45 am]
BILLING CODE 9110-04-P