[Federal Register Volume 82, Number 99 (Wednesday, May 24, 2017)]
[Rules and Regulations]
[Pages 23731-23735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10336]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100, 110, and 165

[Docket No. USCG-2016-0949]
RIN 1625-AA08; AA01, AA87


Special Local Regulation, Temporary Anchorages and Safety Zones: 
Sail Boston 2017; Port of Boston, MA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is adopting a temporary special local 
regulation, multiple safety zones, and temporary spectator anchorages 
before, during, and after Sail Boston 2017 in the Port of Boston, 
Massachusetts, to be held between June 16, 2017 and June 22, 2017. 
These regulations are necessary to promote the safe navigation of 
vessels and the safety of life and property during this event.

DATES: This rule is effective without actual notice from May 24, 2017 
until June 22, 2017, except that the suspension of Sec.  110.138 is 
effective from 8:00 a.m. on June 16, 2017, through 4:00 p.m. on June 
17, 2017. For the purposes of enforcement, actual notice will be used 
from the date the rule was signed, May 15, 2017, until May 24, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0949 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mark Cutter, Sector Boston Waterways Management Division, 
U.S. Coast Guard; telephone 617-223-4000, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Acronyms

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section
TFR Temporary Final Rule
U.S.C. United States Code

II. Background Information and Regulatory History

    On March 24, 2017, the Coast Guard published a NPRM titled 
``Special Local Regulations, Temporary Anchorages, and Safety Zones: 
Sail Boston 2017; Port of Boston, MA'' (82 FR 15014). There we stated 
why we issued the NPRM, and invited comments on our regulatory action. 
During the comment period that ended on April 24, 2017, we received no 
comments.
    The Coast Guard is making this temporary rule effective less than 
30 days after publication in the Federal Register pursuant to authority 
under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 
553(d)). This provision authorizes an agency to make a rule effective 
less than 30 days after publication for good cause. We are issuing this 
rule, and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good 
cause exists for making it effective less than 30 days after 
publication in the Federal Register because waiting the 30 days would 
be impracticable and or contrary to the public interest. It would be 
impracticable and or contrary to the public interest because the Sail 
Boston 2017 events will be taking place starting on a definite date of 
June 16, 2017, and if this rule is not made effective by the date then 
it would inhibit the Coast Guard's ability to perform its statutory 
mission to ensure the safety of the maritime public.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
471, 1221 through 1236, 2071 50 U.S.C. 191 and Department of Homeland 
Security Delegation No. 0170.1, which collectively authorize the Coast 
Guard to establish safety zones, anchorages and special local 
regulations.
    The Captain of the Port (COTP) Boston has determined that this rule 
will provide for the safety of life on navigable waters and to protect 
the participating Tall Ships, private vessels, spectators, and the Port 
of Boston during Sail Boston 2017.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published on 
March 24, 2017. The only change from the NPRM is that we added a 
``NOTE'' following the regulatory text to advise the public that Boston 
Harbor is a ``NO-DISCHARGE ZONE.'' This rule adopts a temporary special 
local regulation, multiple safety zones, and temporary spectator 
anchorage grounds before, during and after Sail Boston 2017.

Temporary Spectator Anchorage Grounds

    The Coast Guard will add temporary section 110.T01-0949 to 
establish thirteen temporary spectator anchorage grounds for spectator 
craft for the arrival of the participating Tall Ships on June 16, 2017 
and the Sail Boston 2017 Parade of Tall Ships on June 17, 2017. This 
rule also includes the temporary suspension of 33 CFR 110.138, the 
Boston Harbor, Massachusetts anchorage ground, during the periods the 
new spectator anchorage grounds and regulations are temporarily 
established.
    The anchorage regulations would temporarily establish spectator 
anchorage grounds for recreational, special use, fishing, and 
commercial vessels during the Sail Boston 2017 Parade of Tall Ships.

Special Local Regulations

    In 1992, 2000, 2009, and 2012, similar events, including Sail 
Boston 1992, 2000, 2009, and War of 1812 in 2012, drew several hundred 
thousand spectators by land, as well as water, to Boston Harbor.
    Recognizing the significant amount of recreational boating traffic 
this event is expected to draw, the Coast Guard will establish a 
special local regulation that would create vessel movement control 
measures in Boston Harbor that will be in effect during the entirety of 
the Sail Boston 2017 event. This section would be designated as section 
100.T01-0949.
    The special local regulation is needed to control vessel movement 
in order to facilitate timely law enforcement support vessels access to 
Maritime and transportation facilities. Additionally, the regulated 
areas will protect the maritime public and participating vessels from 
possible hazards to navigation associated with dense vessel traffic.

Safety Zones

    The Coast Guard is establishing safety zones in section 165.T01-
0949. On June 16, 2017, tall ships participating in the parade of sail 
will rally in Broad Sound.

[[Page 23732]]

The Coast Guard is establishing a 100-yard safety zone surrounding 
participating Tall Ships while they are anchored in Broad Sound. The 
regulation would be enforced from June 16 to June 17.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget.
    Although this regulation imposes temporary spectator anchorages, 
traffic control measures, and safety zones in portions of Boston Harbor 
during the events, the effect of this regulation will not be 
significant for the following reasons: Vessels needing to depart the 
temporary spectator anchorages may do so with permission from the 
COTP's designated on-scene representative and vessels will have 
sufficient transit room around the outer edge of the designated 
anchorages. The traffic control measures are confined to areas of 
minimal distance, they follow the natural flow of Boston Harbor 
traffic, they are in compliance with the navigational rules of the 
road, and crossovers have been established for vessels wanting to 
change direction. The 25-yard safety zone around participating Tall 
Ships while moored will have no impact to vessel movement in Boston 
Harbor and will only be in place during the 5 days of Sail Boston 
activities. Sail Boston, Inc. over the past 6 months has held multiple 
public meetings discussing Sail Boston 2017 events and during each 
meeting, these proposals have been discussed. An 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, Harbor Safety Committee meetings, the Internet, USCG 
Sector Boston Homeport Web page, handouts, and local newspapers and 
media. The advance notice will permit mariners to adjust their plans 
accordingly. Similar restrictions were established for other Sail 
Boston events in 1992, 2000, 2009, and War of 1812 in 2012. Based upon 
the Coast Guard's experiences from those previous events of similar 
magnitude, these regulations have been narrowly tailored to impose the 
least impact on maritime interests while providing the necessary level 
of safety.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 
does not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit 
Boston Harbor may be small entities, for the reasons stated in section 
V.A above this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 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 in the FOR FURTHER INFORMATION CONTACT 
section.
    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.

C. Collection of Information

    This rule does not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    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 rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

E. 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 does not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. 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 (42 U.S.C. 4321-4370f), and have determined 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 suspending permanent anchorages, establishing temporary 
spectator anchorages, establishing temporary

[[Page 23733]]

safety zones, and traffic control measures to facilitate the safety of 
all vessels participating, watching the Parade of Tall Ships and the 
viewing of the moored Tall Ships during the Sail Boston 2017 event. 
These actions are categorically excluded from further review under 
paragraph 34 (f), (g), and (h) of Figure 2-1 of Commandant Instruction 
M16475.lD. A Record of Environmental Consideration (REC) supporting 
this determination is available in the docket where indicated under 
ADDRESSES.

G. 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.

List of Subjects

33 CFR Part 100

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

33 CFR Part 110

    Anchorage grounds.

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 parts 100, 110, 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 Sec.  100.T01-0949 to read as follows:


Sec.  100.T01-0949  Special Local Regulation: Sail Boston 2017; Port of 
Boston, MA.

    (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 directions and orders of 
the COTP or the COTP's representative, upon being hailed by siren, 
radio, flashing lights, or other means. The COTP's representative may 
be any Coast Guard commissioned, warrant, or petty officer or any 
federal, state, or local law enforcement officer who has been 
designated by the COTP to act on the COTP's behalf. The COTP's 
representative may be on a Coast Guard vessel, a Coast Guard Auxiliary 
vessel, a federal, state or local law enforcement or safety vessel, or 
a location on shore.
    (3) From 4 p.m. on June 17, 2017 through 8 a.m. on June 22, 2017, 
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 World 
Trade Center and Fish Pier must enter and keep to the starboard side of 
the channel, proceeding as directed by the on-scene COTP's 
representative. Vessel traffic shall move in a counterclockwise 
direction around a turning point as marked by an appropriate on-scene 
COTP's representative.
    (6) Vessel operators transiting this area must maintain at least a 
twenty five (25) yard safe distance from all participating Sail Boston 
Tall Ships and must make way for all deep draft vessel traffic underway 
in the area.
    (7) When a vessel greater than 125 feet enters the waterway between 
the World Trade Center and the Fish Pier, no other vessel will be 
allowed to enter until the larger vessel departs that area, unless 
authorized by the on-scene COTP's representative.
    (8) From 10 p.m. through 8 a.m. daily, while the regulated area is 
in effect, only vessels which are tenants within the channels of the 
World Trade Center and the Fish Pier will be authorized access.
    (9) The 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, or 
other temporary hazards circumstance.
    (10) To obtain permissions required by this regulation, individuals 
may reach the COTP or a COTP representative via VHF channel 16 or 617-
223-5757 (Sector Boston Command Center).
    (11) Penalties. Those who violate this section are subject to the 
penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.
    (c) Enforcement period. This regulation is will be enforced from 4 
p.m. on June 17, 2017 through 8 a.m. on June 22, 2017.

PART 110--ANCHORAGE REGULATIONS

0
3. The authority citation for part 110 continues to read as follows:

    Authority: 33 U.S.C. 471; 33 U.S.C. 1221 through 1236, 2071; 33 
CFR 1.05-1; Department of Homeland Security Delegation No. 0170.1.


Sec.  110.138   [Suspended]

0
4. From 8:00 a.m. on June 16, 2017, through 4:00 p.m. on June 17, 2017, 
suspend Sec.  110.138.


0
5. Add Sec.  110.T01-0949 to read as follows:


Sec.  110.T01-0949  Temporary Anchorages: Sail Boston 2017; Port of 
Boston, MA.

    (a) Anchorages. All anchorages in this paragraph are applicable as 
specified. Vessel operators using the anchorages in this paragraph must 
comply with the general operational requirements specified in paragraph 
(b) and (c) of this section. All coordinates are NAD 1983.
    (1) Anchorage 1. (i). All waters bounded by the following 
coordinates: 42[deg]22'06'' N./071[deg]02'43'' W., 42[deg]22'11'' N./
071[deg]02'39'' W., 42[deg]22'07'' N./071[deg]02'32'' W., and 
42[deg]22'03'' N./071[deg]02'35'' W.
    (ii) This anchorage ground is designated for the exclusive use of

[[Page 23734]]

recreational vessels that are 45 feet or less in length and have 
superstructures that do not exceed 10 feet in height.
    (2) Anchorage 2. (i) All waters bounded by the following 
coordinates: 42[deg]21'41'' N./071[deg]02'25'' W., 42[deg]21'47'' N./
071[deg]02'20'' W., 42[deg]21'35'' N./071[deg]01'53'' W., and 
42[deg]21'29'' N./071[deg]01'58'' W.
    (ii) This anchorage ground is designated for the exclusive use of 
recreational vessels that are 45 feet or less in length and have 
superstructures that do not exceed 10 feet in height.
    (3) Anchorage 3. (i) All waters bounded by the following 
coordinates: 42[deg]21'26'' N./071[deg]01'51'' W., 42[deg]21'32'' N./
071[deg]01'47'' W., 42[deg]21'25'' N./071[deg]01'33'' W., and 
42[deg]21'19'' N./071[deg]01'37''.
    (ii) This anchorage ground is designated for the exclusive use of 
recreational vessels that are 45 feet or less in length and their 
height above water does not to exceed 50 feet.
    (4) Anchorage 4. (i) All waters bounded by the following 
coordinates: 42[deg]21'19'' N./071[deg]01'37'' W., 42[deg]21'25'' N./
071[deg]01'33'' W., 42[deg]21'09'' N./071[deg]01'02'' W., and 
42[deg]21'04'' N./071[deg]01'06''.
    (ii) This anchorage ground is designated for the exclusive use of 
inspected and uninspected small passenger vessels (certificated by the 
Coast Guard under subchapters T and K of chapter I of title 46, Code of 
Federal Regulations), and charter vessels that do not exceed 50 feet in 
height above the water line.
    (5) Anchorage 5. (i) All waters bounded by the following 
coordinates: 42[deg]21'04'' N./071[deg]01'06'' W., 42[deg]21'09'' N./
071[deg]01'02'' W., 42[deg]20'48'' N./071[deg]00'29'' W., and 
42[deg]20'47'' N./071[deg]00'29''.
    (ii) This anchorage ground is designated for the exclusive use of 
inspected and uninspected small passenger vessels (certificated by the 
Coast Guard under subchapters T and K of chapter I of title 46, Code of 
Federal Regulations), and charter vessels that do not exceed 50 feet in 
height above the water line.
    (6) Anchorage 6. (i) All waters bounded by the following 
coordinates: 42[deg]20'09'' N./070[deg]59'39'' W., 42[deg]20'23'' N./
070[deg]59'32'' W., 42[deg]20'19'' N./071[deg]59'17'' W., and 
42[deg]20'07'' N./070[deg]59'24''.
    (ii) This anchorage ground is designated for the exclusive use of 
recreational vessels.
    (7) Anchorage 7. (i) All waters bounded by the following 
coordinates: 42[deg]20'06'' N./070[deg]59'23'' W., 42[deg]20'36'' N./
070[deg]59'06'' W., 42[deg]20'34'' N./070[deg]58'31'' W., and 
42[deg]20'05'' N./070[deg]58'45''.
    (ii) This anchorage ground is designated for the exclusive use of 
recreational vessels.
    (8) Anchorage 8. (i) All waters bounded by the following 
coordinates: 42[deg]20'06'' N./070[deg]58'43'' W., 42[deg]20'35'' N./
070[deg]58'28'' W., 42[deg]20'33'' N./070[deg]57'29'' W., and 
42[deg]20'05'' N./070[deg]57'31''.
    (ii) This anchorage ground is designated a general anchorage with 
no restrictions.
    (9) Anchorage 9. (i) All waters bounded by the following 
coordinates: 42[deg]19'45'' N./070[deg]59'55'' W., 42[deg]19'58'' N./
070[deg]59'55'' W., 42[deg]19'57'' N./070[deg]58'47'' W., and 
42[deg]19'44'' N./070[deg]58'47''.
    (ii) This anchorage ground is designated as general transient 
anchorage for all vessels that do not exceed 50 feet in height above 
the water line, with no overnight anchoring. This anchorage is only 
applicable from 6 a.m. on June 17, 2017 until 4 p.m. on June 17, 2017.
    (10) Anchorage 10. (i) All waters bounded by the following 
coordinates: 42[deg]19'44'' N./070[deg]58'44'' W., 42[deg]19'58'' N./
070[deg]58'47'' W., 42[deg]19'55'' N./070[deg]57'28'' W., and 
42[deg]19'43'' N./070[deg]57'35''.
    (ii) This anchorage ground is designated for the exclusive use of 
recreational vessels with no overnight anchoring. This anchorage is 
only applicable from 6 a.m. on June 17, 2017 until 4 p.m. on June 17, 
2017.
    (11) Anchorage 11. (i) All waters bounded by the following 
coordinates: 42[deg]20'30'' N./070[deg]56'30'' W., 42[deg]21'58'' N./
070[deg]56'05'' W., and 42[deg]21'32'' N./070[deg]55'27''.
    (ii) This anchorage ground is designated for the exclusive use of 
late arriving recreational vessels and no overnight anchoring. This 
anchorage is only applicable from 6 a.m. on June 17, 2017 until 4 p.m. 
on June 17, 2017.
    (12) Anchorage 12. (i) All waters bounded by the following 
coordinates: 42[deg]20'07'' N./070[deg]56'28'' W., 42[deg]21'43'' N./
070[deg]54'51'' W., 42[deg]21'18'' N./070[deg]54'29'' W., and 
42[deg]20'05'' N./070[deg]55'51''.
    (ii) This anchorage ground is designated for the exclusive use of 
late arriving recreational vessels and no overnight anchoring. This 
anchorage is only applicable from 6 a.m. on June 17, 2017 until 4 p.m. 
on June 17, 2017.
    (13) Anchorage 13. (i) All waters bounded by the following 
coordinates: 42[deg]19'55'' N./070[deg]56'40'' W., 42[deg]20'06'' N./
070[deg]56'28'' W., 42[deg]20'05'' N./070[deg]55'51'' W., and 
42[deg]19'51'' N./070[deg]56'05''.
    (ii) This anchorage ground is designated for the exclusive use of 
inspected and uninspected small passenger vessels (certificated by the 
Coast Guard under subchapters T and K of chapter I of title 46, Code of 
Federal Regulations), and charter vessels. This anchorage is only 
applicable from 6 a.m. on June 17, 2017 until 4 p.m. on June 17, 2017.
    (b) The regulations. The anchorages designated in paragraphs (a)(1) 
through (13) of this section are subject to the following regulations:
    (1) General Operational Requirements for all anchorages. Vessel 
operators using any of the anchorages established in this section 
shall:
    (i) Ensure their vessels are properly anchored and remain safely in 
position at anchor during marine events.
    (ii) Vessel operators shall comply with the directions and orders 
of the COTP or the COTP's representatives, upon being hailed by siren, 
radio, flashing lights, or other means. The COTP's representative may 
be any Coast Guard commissioned, warrant, or petty officer or any 
federal, state, or local law enforcement officer who has been 
designated by the COTP to act on the COTP's behalf. The COTP's 
representative may be on a Coast Guard vessel, a Coast Guard Auxiliary 
vessel, a Federal, state, or local law enforcement or safety vessel, or 
a location on shore.
    (iii) Vacate anchorages after termination of their effective 
periods.
    (iv) Buoy with identifiable markers and release anchors fouled on 
lobster trap lines if such anchors cannot be freed or raised.
    (v) Display anchor lights when anchoring at night in any anchorage.
    (vi) Do not leave vessels unattended in any anchorage at any time.
    (vii) Do not tie off to any aid to navigation or buoy.
    (ix) Maintain at least 20 feet of clearance if maneuvering between 
anchored vessels.
    (x) Do not nest or tie off to other vessels in that anchorage.
    (xi) Based on COTP approval and direction, vessels commercially 
engaged in the collection and legal disposal of marine sewage may 
operate within spectator anchorages during the applicable periods.
    (2) [Reserved]
    (c) Enforcement dates. This section will be enforced from 8:00 a.m. 
on June 16, 2017 through 4:00 p.m. on June 17, 2017 unless otherwise 
noted.

    Note 1 to Sec.  110.T01-0949:  Caution: The designated spectator 
anchorages in this section have not been specially surveyed or 
inspected and navigational charts may not

[[Page 23735]]

show all seabed obstructions or shallowest depths. Additionally, the 
anchorages are in areas of substantial currents. Mariners who use 
these temporary anchorages should take appropriate precautions, 
including using all means available to ensure vessels are not 
dragging anchor.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
6. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
7. Add Sec.  165.T01-0949 to read as follows:


Sec.  165.T01-0949  Safety Zone: Sail Boston 2017; Port of Boston, MA.

    (a) Location. The following are safety zones (all coordinates are 
NAD 1983):
    (1) All navigable waters from surface to bottom, within a 100-yard 
radius of each participating Tall Ship while anchored in Broad Sound.
    (2) All navigable waters from surface to bottom, within 1000-yards 
ahead and astern and 100-yards on each side of participating Tall 
Ships, during their transit from anchorage to mooring.
    (3) All navigable waters from surface to bottom, within 25-yards 
surrounding participating Tall Ships while moored at various locations 
throughout the Port of Boston.
    (4) All navigable waters from surface to bottom, bounded within the 
following points (NAD 83): From 42[deg]39.00'' N., 070[deg]26.00'' W., 
thence to 42[deg]39.00'' N., 070[deg]24.00'' W., thence to 
42[deg]38.00'' N., 070[deg]24.00'' W., thence to 42[deg]38.00'' N., 
070[deg]26.00'' W., thence to the first point.
    (b) Regulations. While these safety zones are being enforced, the 
following regulations, along with those contained in 33 CFR 165.23, 
apply:
    (1) No person or vessel may enter or remain in a safety zone 
without the permission of the COTP, Sector Boston or the COTP's 
representative.
    (2) Any person or vessel permitted to enter the safety zones shall 
comply with the directions and orders of the COTP or the COTP's 
representative. Upon being hailed by siren, radio, flashing lights, or 
other means, the operator of a vessel within the zone shall proceed as 
directed. Any person or vessel within the security zone shall exit the 
zone when directed by the COTP or the COTP's representative.
    (3) To obtain permissions required by this regulation, individuals 
may reach the COTP or a COTP representative via VHF channel 16 or 617-
223-5757 (Sector Boston Command Center) to obtain permission.
    (4) Penalties. Those who violate this section are subject to the 
penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.
    (c) COTP Representative. The COTP's representative may be any Coast 
Guard commissioned, warrant, or petty officer or any federal, state, or 
local law enforcement officer who has been designated by the COTP to 
act on the COTP's behalf. The COTP's representative may be on a Coast 
Guard vessel, a Coast Guard Auxiliary vessel, federal, state, or local 
law enforcement or safety vessel, or a location on shore.
    (d) Enforcement dates. Paragraph (a)(1) of this section is 
applicable on June 16, 2017 through June 17, 2017. Paragraph (a)(2) of 
this section is applicable on June 17, 2017. Paragraph (a)(3) of this 
section is applicable on June 17, 2017 through June 22, 2017. Paragraph 
(a)(4) of this section is applicable on June 22, 2017 from 4 p.m. until 
8 p.m.

    Note 1 to Sec.  165.T01-0949:  Boston Harbor is a NO-DISCHARGE 
ZONE. No-discharge zones are designated bodies of water where the 
discharge of all boat sewage, whether treated or not, is prohibited 
and a violation of federal law. Boat pumpout facilities provide a 
convenient way to properly dispose of boat sewage. Many of the 
pumpouts in this area are pumpout vessels. These vessels have the 
capacity to bring the pumpout to the boater. In order to facilitate 
compliance with this no-discharge zone, the pumpout vessels will be 
allowed to maneuver through the regulated zones and anchorages 
grounds. For additional information on complying with vessel sewage 
discharge regulations and using pumpout facilities see http://www.mass.gov/eea/agencies/czm/program-areas/coastal-water-quality/ndz/.


    Dated: May 15, 2017.
C.C. Gelzer,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2017-10336 Filed 5-23-17; 8:45 am]
 BILLING CODE 9110-04-P