[Federal Register Volume 75, Number 89 (Monday, May 10, 2010)]
[Rules and Regulations]
[Pages 25766-25770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10948]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0239]
RIN 1625-AA00
Safety Zones; Marine Events Within the Captain of the Port Sector
Northern New England Area of Responsibility
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing eight safety zones for marine
events within the Captain of the Port Sector Northern New England area
of responsibility for regattas, power boat races, parades, and
fireworks displays. This action is necessary to provide for the safety
of life on navigable waters during the events. Entry into, transit
through, mooring or anchoring within these zones is prohibited unless
authorized by the Captain of the Port Sector Northern New England.
DATES: This rule is effective in the CFR on May 10, 2010 through 11:59
p.m. on September 29, 2010. This rule is effective with actual notice
for purposes of enforcement beginning at 10 a.m. on May 1, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0239 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0239 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 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 rule,
call or e-mail Lieutenant Junior Grade Laura van der Pol, Waterways
Management Division at Coast Guard Sector Northern New England,
telephone 207-741-5421, e-mail [email protected]. If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
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.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because publishing a NPRM is impractical as
the Coast Guard did not receive notification of the specific location
or planned dates for the events in sufficient time to issue a NPRM
without delaying this rulemaking. Further, it is contrary to public
interest to delay the effective date of this rule. Delaying the
effective date by first publishing a NPRM and holding a comment period
would be contrary to the rule's objectives of ensuring safety of life
on the navigable waters during these scheduled events as immediate
action is needed to protect persons and vessels from the hazards
associated with vessels participating in regattas, races and parades as
well as the hazardous nature of fireworks including unexpected
detonation and burning debris.
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. In addition to the reasons stated
above, this rule is intended to ensure the safety of the event
participants, spectators and other waterway users thus any delay in the
rule's effective date would be impractical.
Basis and Purpose
Marine events are frequently held on the navigable waters within
the area of responsibility for Captain of the Port Sector Northern New
England. These events include sailing regattas, parades, power boat
races, fireworks displays, and other vessel races. Based on the nature
of the events, large number of participants and spectators, and the
event locations, the Coast Guard has determined that the events listed
in this rule could pose a risk to participants or waterway users if
normal vessel traffic were to interfere with the event. Possible
hazards include risks of participant injury or death resulting from
near or actual contact with non-participant vessels traversing through
the safety zones. In order to protect the safety of all waterway users
including event participants and spectators, this temporary rule
establishes safety zones for the time and location of each event.
This rule prevents vessels from entering, transiting, mooring or
anchoring within areas specifically designated as safety zones during
the periods of enforcement unless authorized by the Captain of the Port
or designated on-scene patrol personnel. On-scene patrol personnel may
be comprised of local, state or federal officials authorized to act in
support of the Coast Guard.
The Coast Guard has ordered safety zones or special local
regulations for all of these eight areas for past events and has not
received public comments or concerns regarding the impact to waterway
traffic from these annual events.
Discussion of Rule
This temporary rule creates safety zones for all navigable waters
within the described area of each event as follows: A safety zone 50
yards in radius from all participants in the Downeast Adventure Race on
the St. Croix River in Calais, Maine to be enforced from 10 a.m. to 2
p.m. on May 1, 2010; a safety zone of 350 yard radius from the Hampton
Beach Fireworks launch site in the vicinity of Hampton Beach, New
Hampshire to be enforced from 8 p.m. to 10:30 p.m. every Saturday,
Sunday, and Wednesday from May 5, 2010, through September 29, 2010; a
safety zone 50 yards in radius around all participants in the Tall
Ships visit to Portsmouth Regatta and Parade in the vicinity of
Portsmouth Harbor, New Hampshire, to be enforced from 10 a.m. through 7
p.m. on May 28, 2010 through May 31, 2010; a safety zone 50 yards in
radius around all participants in the Bar Harbor Blessing of the Ships
in the vicinity of Bar Harbor, Maine to be enforced from 12 p.m.
through 1:30 p.m. on June 6, 2010; a safety zone 50 yards in radius
around all participants in the Boothbay Harbor Lobster Boat Races in
Boothbay Harbor, Maine to be enforced from 10 a.m. until 3 p.m. on June
19, 2010; a safety zone 50 yards in radius
[[Page 25767]]
around all participants in the Rockland Harbor Lobster Boat Races in
the vicinity of Rockland Harbor, Maine, to be enforced from 10 a.m.
until 3 p.m. on June 20, 2010; a safety zone 50 yards in radius around
all participants in the Windjammer Days Parade of Ships in the vicinity
of Boothbay Harbor, Maine, to be enforced from 12 p.m. until 5 p.m. on
June 22 and 23, 2010; a safety zone 350 yards in radius from the
fireworks launch site in the vicinity of Boothbay Harbor, Maine, for
the Windjammer Days Fireworks to be enforced from 8 p.m. until 10:30
p.m. on June 23, 2010. As large numbers of spectator vessels are
expected to congregate around the location of these events, the safety
zones are needed to protect both spectators and participants from the
safety hazards created by the event. During the enforcement period of
the safety zones, persons and vessels will be prohibited from entering,
transiting, remaining within, anchoring or mooring within the zone
unless specifically authorized by the Captain of the Port or his
designated representatives. The Coast Guard may be assisted by other
federal, state and local agencies in the enforcement of these safety
zones.
The Coast Guard determined that these safety zones will not have a
significant impact on vessel traffic due to the temporary nature and
limited size of the safety zones and the fact that vessels are allowed
to transit the navigable waters outside of the safety zones.
Advanced public notifications will also be made to the local
maritime community by the Local Notice to Mariners as well as Broadcast
Notice to Mariners.
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.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
The Coast Guard determined that this rule is not a significant
regulatory action for the following reasons: The safety zones will be
of limited duration, they cover only a small portion of the navigable
waterways, and the events are designed to avoid, to the extent
possible, deep draft, fishing, and recreational boating traffic routes.
In addition, vessels requiring entry into the area of the safety zones
may be authorized to do so by the Captain of the Port.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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. This rule will affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
transit or anchor in the designated safety zones during the enforcement
periods stated for each event in the List of Subjects.
The safety zones will not have a significant economic impact on a
substantial number of small entities for the following reasons: The
safety zones will be of limited size and of short duration, and vessels
that can safely do so may navigate in all other portions of the
waterways except for the areas designated as safety zones.
Additionally, before the effective period, the Coast Guard will issue
notice of the time and location of each safety zone through a Local
Notice to Mariners and Broadcast Notice to Mariners.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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.
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).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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.
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.
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.
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.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
[[Page 25768]]
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this temporary 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 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 is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Instruction as this rule involves
establishing safety zones. An environmental analysis checklist and a
categorical exclusion determination will be available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
0
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: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapters 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
2. Add Sec. 165.T01-0239 to read as follows:
Sec. 165.T01-0239 Safety zones; Marine events within the Captain of
the Port Sector Northern New England Area of Responsibility.
(a) Safety zones. (1) The following areas are designated safety
zones:
(2) Locations. For all fireworks events listed in the events table
in this paragraph (a)(2), all navigable waters within a 350 yard radius
of the fireworks launch site. For all power boat races, regattas, boat
parades, rowing races, and paddling boat races, all vessels not
associated with the event must maintain a 50 yard radius around all
vessels participating in the event.
Events Table
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5.0 MAY
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5.1 Downeast Adventure Race.. Event Type: Rowing and paddling boat
race.
Sponsor: Washington County Community
College.
Date: May 1, 2010.
Enforcement Time: 10 am to 2 pm.
Location: The regulated area includes all
U.S. waters in the Saint Croix River
from the launch site in Calais, Maine at
approximate position
45[deg]11[min]24[sec] N,
067[deg]16[min]48[sec] W (NAD 83),
following the river bank to the end site
at position 44[deg]10[min]07[sec] N,
067[deg]14[min]29[sec] W (NAD 83).
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5.2 Hampton Beach Fireworks.. Event Type: Fireworks display.
Sponsor: Hampton Beach Village District.
Dates: Every Wednesday, Saturday and
Sunday from May 5, 2010 through
September 29, 2010, as specified in the
USCG District 1 Local Notice to Mariners
at: http://www.navcen.uscg.gov/LNM/default.htm.
Enforcement Time: 8 pm to 10:30 pm.
Location: In the vicinity of the Hampton
Beach, New Hampshire waterfront in
approximate position
42[deg]54[min]33[sec] N,
070[deg]48[min]38[sec] W (NAD 83).
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5.3 Tall Ships Visiting Event Type: Regatta and boat parade.
Portsmouth. Sponsor: Portsmouth Maritime Commission,
Inc.
Date: May 28 through May 31, 2010
Enforcement Time: 10 am to 7 pm.
Location: The regulated area includes all
waters of Portsmouth Harbor, New
Hampshire within the following points
(NAD 83):
43[deg]03[min]11[sec] N
070[deg]42[min]26[sec] W
43[deg]03[min]18[sec] N
070[deg]41[min]51[sec] W
43[deg]04[min]42[sec] N
070[deg]42[min]11[sec] W
43[deg]04[min]28[sec] N
070[deg]44[min]12[sec] W
43[deg]05[min]36[sec] N
070[deg]45[min]56[sec] W
43[deg]05[min]29[sec] N
070[deg]46[min]09[sec] W
43[deg]04[min]19[sec] N
070[deg]44[min]16[sec] W
[[Page 25769]]
43[deg]04[min]22[sec] N
070[deg]42[min]33[sec] W
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6.0 JUNE
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6.1 Bar Harbor Blessing of Event Type: Regatta and boat parade.
the Fleet. Sponsor: Town of Bar Harbor, Maine.
Date: June 6, 2010.
Enforcement Time: 12 pm to 1:30 pm.
Location: The regulated area includes all
waters of Bar Harbor, Maine within the
following points (NAD 83):
44[deg]23[min]32[sec] N
068[deg]12[min]19[sec] W
44[deg]23[min]30[sec] N
068[deg]12[min]00[sec] W
44[deg]23[min]37[sec] N
068[deg]12[min]00[sec] W
44[deg]23[min]35[sec] N
068[deg]12[min]19[sec] W
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6.2 Boothbay Harbor Lobster Event Type: Power boat race.
Boat Races. Sponsor: Boothbay Harbor Lobster Boat
Race Committee.
Date: June 19, 2010.
Enforcement Time: 10 am to 3 pm.
Location: The regulated area includes all
waters of Boothbay Harbor, Maine within
the following points (NAD 83):
43[deg]50[min]04[sec] N
069[deg]38[min]37[sec] W
43[deg]50[min]54[sec] N
069[deg]38[min]06[sec] W
43[deg]50[min]49[sec] N
069[deg]37[min]50[sec] W
43[deg]50[min]00[sec] N
069[deg]38[min]20[sec] W
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6.3 Rockland Harbor Lobster Event Type: Power boat race.
Boat Races. Sponsor: Rockland Harbor Lobster Boat
Race Committee.
Date: June 20, 2010.
Enforcement Time: 10 am to 3 pm.
Location: The regulated area includes all
waters of Rockland Harbor, Maine within
the following points (NAD 83):
44[deg]05[min]59[sec] N
069[deg]04[min]53[sec] W
44[deg]06[min]43[sec] N
069[deg]05[min]25[sec] W
44[deg]06[min]50[sec] N
069[deg]05[min]05[sec] W
44[deg]06[min]05[sec] N
069[deg]04[min]34[sec] W
------------------------------------------------------------------------
6.4 Windjammer Days Parade of Event Type: Regatta and boat parade.
Ships. Sponsor: Boothbay Region Chamber of
Commerce.
Date: June 22 & 23, 2010.
Enforcement Time: 12 pm to 5 pm.
Location: The regulated area includes all
waters of Boothbay Harbor, Maine within
the following points (NAD 83):
43[deg]51[min]02[sec] N
069[deg]37[min]33[sec] W
43[deg]50[min]47[sec] N
069[deg]37[min]31[sec] W
43[deg]50[min]23[sec] N
069[deg]37[min]57[sec] W
43[deg]50[min]01[sec] N
069[deg]37[min]45[sec] W
43[deg]50[min]01[sec] N
069[deg]38[min]31[sec] W
43[deg]50[min]25[sec] N
069[deg]38[min]25[sec] W
43[deg]50[min]49[sec] N
069[deg]37[min]45[sec] W
------------------------------------------------------------------------
6.5 Windjammer Days Fireworks Event Type: Fireworks display.
Sponsor: Boothbay Harbor Region Chamber
of Commerce.
Date: June 23, 2010.
Enforcement Time: 8 pm to 10:30 pm.
Location: In the vicinity of McFarland
Island, Boothbay Harbor, Maine in
approximate position
43[deg]50[min]38[sec] N,
069[deg]37[min]57[sec] W (NAD 83).
------------------------------------------------------------------------
(b) Notification. Coast Guard Sector Northern New England will
cause notice of the enforcement of these temporary safety zones to be
made by all appropriate means to affect the widest publicity among the
effected segments of the public, including publication in the Local
Notice to Mariners and Broadcast Notice to Mariners.
(c) Effective period. This rule is effective from 10 a.m. on May 1,
2010, through 11:59 p.m. on September 29, 2010.
(d) Enforcement period. This section will be enforced for the
duration of each event indicated in the table in paragraph (a)(2) of
this section. If the event is cancelled due to inclement weather, this
section is in effect for the day following the scheduled time listed in
the table above. Notification of events held on a rain date will be
made by Broadcast Notice to Mariners.
(e) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply. During the enforcement period, entry into, transiting,
remaining within, mooring or anchoring within these safety zones is
prohibited unless authorized by the Captain of the Port or his
designated representatives.
[[Page 25770]]
(2) These temporary safety zones are closed to all vessel traffic,
except as may be permitted by the Captain of the Port or his designated
representatives. Vessel operators given permission to enter or operate
in the safety zones must comply with all directions given to them by
the Captain of the Port or his designated representatives. Vessels that
are granted permission by the Captain of the Port or designated
representative to enter or remain within a safety zone may be required
to be at anchor or moored to a waterfront facility such that the
vessel's location will not interfere with the progress of the event. At
all times when a vessel has been granted permission to enter within a
safety zone, it shall endeavor to maintain at least 50 yards distance
from any event participant unless otherwise directed.
(3) The ``designated representative'' is any Coast Guard
commissioned, warrant, or petty officer who has been designated by the
Captain of the Port to act on his behalf. The designated representative
will be aboard either a Coast Guard or Coast Guard Auxiliary vessel.
(4) Vessel operators desiring to enter or operate within the safety
zones shall telephone the Captain of the Port at 207-767-0303, or his
designated representative via VHF Channel 16 to obtain permission to do
so.
(5) The Captain of the Port or his designated representative may
delay or terminate any event listed in the events table in paragraph
(a)(2) of this section to ensure safety. Such action may be required as
a result of weather, vessel traffic density, spectator activities or
participant behavior.
Dated: April 27, 2010.
J.B. McPherson,
Captain, U.S. Coast Guard, Captain of the Port, Sector Northern New
England.
[FR Doc. 2010-10948 Filed 5-7-10; 8:45 am]
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