[Federal Register Volume 89, Number 92 (Friday, May 10, 2024)]
[Rules and Regulations]
[Pages 40384-40386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10225]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0245]
RIN 1625-AA87


Safety Zone: Piers Park, Boston Inner Harbor, East Boston, MA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for a 
portion of the navigable waters of Boston Inner Harbor in the vicinity 
of Piers Park, East Boston, Massachusetts. The temporary safety zone is 
needed to protect the maritime public and event participants from 
potential hazards created by a swim event taking place in a heavily 
trafficked harbor scheduled for June 9, 2024. Entry of vessels or 
persons into this zone is prohibited unless specifically authorized by 
the Captain of the Port Sector Boston, or a designated representative.

DATES: This rule is effective from 7 a.m. through noon on June 9, 2024.

ADDRESSES: To view documents mentioned in this preamble as being

[[Page 40385]]

available in the docket, go to https://www.regulations.gov type USCG-
2024-0245 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Timothy W. Chase, Sector Boston,Waterways Management, 
telephone (617) 447-1620, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Boston
DHS Department of Homeland Security
FR Federal Register
MA Massachusetts
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule under authority in 5 
U.S.C. 553(b)(B). This statutory provision authorizes an agency to 
issue a rule without prior notice and opportunity to comment when the 
agency for good cause finds that those procedures are ``impracticable, 
unnecessary, or contrary to the public interest.'' The Coast Guard 
finds that good cause exists for not publishing a Notice of Proposed 
Rulemaking (NPRM) with respect to this rule because doing so would be 
impracticable and contrary to the public interest. The Coast Guard was 
not made aware of the swim event with sufficient time to publish a 
NPRM, take public comments, consider those comments, and issue a final 
rule by June 9, 2024, the scheduled date of the event..
    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. Delaying the effective date of 
this rule would be impracticable and contrary to the public interest 
due to the potential safety hazards associated with with a swim event 
taking place in heavily traffic harbor.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector 
Boston (COTP) has determined that potential hazards associated with 
swim events occurring in a heavily traffic harbor in the vicinity of 
Piers Park, Boston Inner Harbor, East Boston, Massachuesetts. This rule 
is needed to to facilitate the safety to the martime public and the 
event participants from the hazards associated with swim events until 
the conclusion of the event.

IV. Discussion of the Rule

    This rule establishes a safety zone from 7 a.m. to noon on June 9, 
2024. The safety zone will cover all the navigable waters of a portion 
of Boston Inner Harbor in the vicinity of Piers Park, East Boston, 
specifacly within a box bound by the following coordinates: Corner #1 
42[deg]21'41.22'' N, 071[deg]2'22.6'' W, thence to Corner #2 
42[deg]21'26.53'' N, 071[deg]2'32.28'' W, thence to Corner #3 
42[deg]21'2.59'' N, 071[deg]1'32.92'' W, thence to Corner #4 
42[deg]21'13.14'' N, 071[deg]1'24.6'' W', and returning to the point of 
origin. The duration of the zone is intended to protect event 
participants, support personnel, vessels and the marine environment in 
these navigable waters during the swim event. No vessel or person will 
be permitted to enter the safet zone without obtaining permission from 
the COTP or a designated representative.
    Requests to enter the zone will be considered and reviewed on a 
case-by-case basis. The COTP may be contacted by telephone at (856) 
416-3015 or can be reached by VHF-FM channel 16. Persons and vessels 
permitted to enter this safety zone must transit at their slowest safe 
speed to minimize wake and comply with all lawful directions issued by 
the COTP or the designated representative.

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. 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 
(OMB).
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the safety zone. Vessel traffic 
will be able to safely transit around this safety zone which will 
impact a small designated area of Boston Inner Harbor in the vicinity 
of Piesr Park, East Boston, MA, in support of a swim event on June 9, 
2024. Additionally, this safety zone will be of limited duration, five 
hours, to minimize any adverse impacts to vessels who seek to transit 
the navigable waters. Moreover, the Coast Guard will issue a Local 
Notive to Mariners well in advance of the event and a Broadcast Notice 
to Mariners via VHF-FM marine channel 16 regarding the zone prior to 
commencement of the event, and the rule allows vessels to seek 
permission to enter the zone.

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 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone 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. 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 call or 
email 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.

[[Page 40386]]

C. Collection of Information

    This rule will 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.

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 will 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 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), 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 a 
safety zone lasting for a period of five hours that will prohibit entry 
within the designated safety zone during a swim event. It is 
categorically excluded from further review under paragraph L60(a) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A 
Record of Environmental Consideration supporting this determination is 
available in the docket. For instructions on locating the docket, see 
the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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 in 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 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C. 70034, 70051; 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T01-0781 to read as follows:


Sec.  165.T01-0947   Safety Zone; Pier Park, Boston Inner Harbor, East 
Boston MA.

    (a) Regulated area. The following area is a safety zone: all 
navigable waters of a portion of Boston Inner Harbor in the vicinity of 
Pier Park, East Boston, specifacly within a box bound by the following 
coordinates: Corner #1 42[deg]21'41.22'' N, 071[deg]2'22.6'' W, thence 
to Corner #2 42[deg]21'26.53'' N, 071[deg]2'32.28'' W, thence to Corner 
#3 42[deg]21'2.59'' N, 071[deg]1'32.92'' W, thence to Corner #4 
42[deg]21'13.14'' N, 071[deg]1'24.6'' W, and returning to the point of 
origin.
    (b) Definitions. As used in this section--
    Designated representative means a Coast Guard Patrol Commander, 
including a Coast Guard coxswain, petty officer, or other officer 
operating a Coast Guard vessel and a Federal, State, and local officer 
designated by or assisting the Captain of the Port New York (COTP) in 
the enforcement of the regulations in this section.
    Participant means all persons registered with the event sponsor as 
a participant in the event.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
designated via VHF-FM Marine Channel 16 or by contacting the Coast 
Guard Sector Boston Command Center at (857) 416-3015.Those in the 
safety zone must comply with all lawful orders or directions given to 
them by the COTP or the COTP's designated representative.
    (d) Enforcement periods. This section will be enforced from 7 a.m. 
to noon on June 9, 2024.

Kailie J. Benson,
Captain, U.S. Coast Guard, Captain of the Port Sector Boston.
[FR Doc. 2024-10225 Filed 5-9-24; 8:45 am]
BILLING CODE 9110-04-P