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

Published date10 May 2024
Record Number2024-10225
Citation89 FR 40384
CourtCoast Guard
SectionRules and Regulations
Federal Register, Volume 89 Issue 92 (Friday, May 10, 2024)
[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]
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                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.
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                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
                

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