Rule2024-10225
Safety Zone: Piers Park, Boston Inner Harbor, East Boston, MA
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 10, 2024
Effective
June 9, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 92 (Friday, May 10, 2024)</title>
</head>
<body><pre>
[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="/cdn-cgi/l/email-protection#8dd9e4e0e2f9e5f4a3daa3cee5ecfee8cdf8feeeeaa3e0e4e1"><span class="__cf_email__" data-cfemail="f1a5989c9e859988dfa6dfb299908294b184829296df9c989d">[email protected]</span></a>.
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
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on May 10, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.