[Federal Register Volume 75, Number 109 (Tuesday, June 8, 2010)]
[Rules and Regulations]
[Pages 32280-32293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13640]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0315]
RIN 1625-AA00
Safety Zones; Marine Events Within the Captain of the Port Sector
Northern New England Area of Responsibility, July Through September
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule with request for comments.
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SUMMARY: The Coast Guard is establishing 51 safety zones for marine
events within the Captain of the Port Sector Northern New England area
of responsibility for regattas, swim events, power boat races, row and
paddle boat races, parades, and firework 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 June 8, 2010 through 11:59
p.m. on September 29, 2010. This rule is effective with actual notice
for purposes of enforcement beginning at 8 p.m. on July 3, 2010.
Comments and related material must reach the Coast Guard on or before
July 23, 2010. Requests for public meetings must be received by the
Coast Guard on or before June 29, 2010.
ADDRESSES: You may submit comments identified by docket number USCG-
2010-0315 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
Documents indicated in this preamble as being available in the
docket are part of docket USCG-2010-0315 and are available online by
going to http://www.regulations.gov, inserting USCG-2010-0176 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 interim
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:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.
As this temporary interim rule will be in effect before the end of
the comment period, the Coast Guard will evaluate and revise this rule
as necessary to address significant public comments.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-0315), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2010-0315'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit comments by mail or hand delivery, submit them in
an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change this rule
based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
[[Page 32281]]
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2010-0315'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before June 29, 2010 using one of the four
methods specified under ADDRESSES. Please explain why you believe a
public meeting would be beneficial. If we determine that one would aid
this rulemaking, we will hold one at a time and place announced by a
later notice in the Federal Register.
Regulatory Information
The Coast Guard is issuing this temporary interim 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 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. It is impractical to issue a NPRM and take public comment
before July 3rd, 2010 when the first marine event necessitating a
safety zone is scheduled to occur. Further, it is contrary to public
interest to delay the effective date of this rule or to delay or cancel
the scheduled events. Delaying the effective date by first publishing a
NPRM 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, powerboat races,
swim events and parades as well as the hazardous nature of fireworks
including unexpected detonation and burning debris. We are requesting
public comment on the safety zones, and if we receive public input that
indicates a need to revise the safety zone regulations or the
conditions they impose, or raises any other significant public
concerns, we will address those concerns prior to issuing any final
rule.
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, swim events, power boat
races, row and paddle boat races, parades, and firework displays. 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. ``Designated on-scene
patrol personnel'' are any Coast Guard commissioned, warrant, or petty
officer who has been designated by the Captain of the Port to act on
his behalf. 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 51 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 350 yard safety
zone around all firework displays, a 200 foot safety zone around all
swim event routes, and a 50 yard safety zone around all power boat
races, row and paddle boat races, and regattas.
The tables below summarize the safety zone size that applies to
each event along with the event name, date, time, and location:
------------------------------------------------------------------------
------------------------------------------------------------------------
Firework Displays: 350 Yard Safety Zone
------------------------------------------------------------------------
Town of Islesboro Fireworks.. Date: July 3, 2010.
Time: 8 pm to 10:30 pm.
Location: In the vicinity of
Grindle Point, Islesboro, Maine.
Burlington Independence Day Date: July 3, 2010.
Fireworks.
Time: 8 pm to 10:30 pm.
Location: From a barge in the
vicinity of Burlington Harbor,
Burlington, Vermont.
Bangor 4th of July Fireworks. Date: July 4, 2010.
Time: 8 pm to 10:30 pm.
Location: In the vicinity of the
Bangor Waterfront, Bangor, Maine.
Bar Harbor 4th of July Date: July 4, 2010.
Fireworks.
Time: 8 pm to 10:30 pm.
Location: In the vicinity of Bar
Harbor Town Pier, Bar Harbor, Maine.
Bath 4th of July Fireworks... Date: July 4, 2010.
Time: 8 pm to 10:30 pm.
Location: In the vicinity of
Reed and Reed Boat Yard, Woolwich,
Maine.
Boothbay Harbor 4th of July Date: July 4, 2010.
Fireworks.
Time: 8 pm to 10:30 pm.
Location: In the vicinity of
McFarland Island, Boothbay Harbor,
Maine.
[[Page 32282]]
Castine 4th of July Fireworks Date: July 4, 2010.
Time: 8 pm to 10:30 pm.
Location: From a float in the
vicinity of Castine Harbor, Castine,
Maine.
Colchester 4th of July Date: July 4, 2010.
Fireworks.
Time: 8 pm to 10:30 pm.
Location: In the vicinity of
Bayside Beach and Mallets Bay in
Colchester, Vermont.
Eastport 4th of July Date: July 4, 2010.
Fireworks.
Time: 8 pm to 10:30 pm.
Location: From the Waterfront
Public Pier in Eastport, Maine.
Portland Harbor 4th of July Date: July 4, 2010.
Fireworks.
Time: 8 pm to 10:30 pm.
Location: In the vicinity of
East End Beach, Portland, Maine.
Stonington 4th of July Date: July 4, 2010.
Fireworks.
Time: 8 pm to 10:30 pm.
Location: In the vicinity of Two
Bush Island, Stonington, Maine.
St. Albans Day Fireworks..... Date: July 4, 2010.
Time: 8 pm to 10:30 pm.
Location: From the St. Albans
Bay dock in St. Albans Bay, Vermont.
Windjammer Days Fireworks Rain Date: July 4, 2010.
(Rain Date).
Time: 8 pm to 10:30 pm.
Location: In the vicinity of
McFarland Island, Boothbay Harbor,
Maine.
This event is scheduled for June 23,
2010, though if that event is cancelled
due to inclement weather, it will be
held at the date and time indicated
here.
Tenants Harbor Fireworks..... Date: July 17, 2010.
Time: 8 pm to 10:30 pm.
Location: From a barge in the
vicinity of the inner harbor, Tenants
Harbor, Maine.
Westerlund's Landing Party Date: August 7, 2010.
Fireworks.
Time: 8 pm to 10:30 pm.
Location: In the vicinity of
Westerlund's Landing in South Gardiner,
Maine.
Rockland Lobster Festival Date: August 7, 2010.
Fireworks.
Time: 8 pm to 10:30 pm.
Location: In the vicinity of
Rockland Ferry Terminal, Rockland,
Maine.
Windjammer Weekend Fireworks. Date: September 3, 2010.
Time: 8 pm to 10:30 pm.
Location: From a barge in the
vicinity of Northeast Point, Camden
Harbor, Maine.
Eliot Festival Day Fireworks. Date: September 25, 2010.
Time: 8 pm to 10:30 pm.
Location: In the vicinity of
Eliot Town Boat Launch, Eliot, Maine.
------------------------------------------------------------------------
In addition to the firework displays listed above, the Hampton
Beach Fireworks event is an on-going event which occurs every
Wednesday, Saturday, and Sunday between May 5, 2010 and September 29,
2010 in the vicinity of Hampton Beach, New Hampshire. This event was
included in a previous regulation (USCG-2010-0239) to have a 350 yard
safety zone during the time for each fireworks display from 8 p.m. to
10 p.m.
------------------------------------------------------------------------
------------------------------------------------------------------------
Swim Events: 200 Foot Safety Zone
------------------------------------------------------------------------
Urban/EPIC Triathlon......... Date: July 10, 2010.
Time: 7 am to 11 am.
Location: The regulated area
includes all waters of Portland Harbor
in the vicinity of East End Beach in
Portland, Maine.
Peaks to Portland Swim....... Date: July 24, 2010.
Time: 5 am to 1 pm.
Location: The regulated area
includes all waters of Portland Harbor
between Peaks Island and East End Beach
in Portland, Maine.
Sprucewold Cabbage Island Date: August 7, 2010.
Swim.
Time: 1 pm to 6 pm.
Location: The regulated area
includes all waters of Linekin Bay
between Cabbage Island and Sprucewold
Beach in Boothbay Harbor, Maine.
Y-Tri Triathlon.............. Date: August 7, 2010.
Time: 9 am to 10 am.
Location: The regulated area
includes all waters of Treadwell Bay in
the vicinity of Point Au Roche State
Park, Plattsburgh, New York.
Greater Burlington YMCA Lake Date: August 14, 2010.
Swim.
Time: 8 am to 6 pm.
Location: The regulated area
includes all waters in Lake Champlain in
the vicinity of North Hero Island.
Tri for a Cure Triathlon..... Date: August 15, 2010.
Time: 8 am to 2 pm.
Location: The regulated area
includes all waters of Portland Harbor,
Maine in the vicinity of Spring Point
Light.
Rockland Breakwater Swim..... Date: August 28, 2010.
Time: 8:30 am to 12:30 pm.
Location: The regulated area
includes all waters of Rockland Harbor,
Maine in the vicinity of Jameson Point.
[[Page 32283]]
The Lobsterman Triathlon..... Date: September 18, 2010.
Time: 8 am to 10 am.
Location: The regulated area
includes all waters in the vicinity of
Winslow Park in South Freeport, Maine.
------------------------------------------------------------------------
Power Boat Races, Row and Paddle Boat Races, and Regattas: 50 Yard
Safety Zone
------------------------------------------------------------------------
Moosabec Lobster Boat Races.. Date: July 4, 2010.
Time: 10 am to 3 pm.
Location: The regulated area
includes all waters of Jonesport, Maine.
The Great Race Row Boat Race. Date: July 4, 2010.
Time: 10 am to 12:30 pm.
Location: The regulated area
includes all waters of Lake Champlain in
the vicinity of Saint Albans Bay in St.
Albans, Vermont.
Festival of Lights Boat Date: July 8, 2010.
Parade.
Time: 7 pm to 11:30 pm.
Location: The regulated area
includes all waters of Cumberland Bay on
Lake Champlain in the vicinity of
Plattsburgh, New York.
Mayor's Cup Regatta.......... Date: July 10, 2010.
Time: 10 am to 4 pm.
Location: The regulated area
includes all waters of Cumberland Bay on
Lake Champlain in the vicinity of
Plattsburgh, New York.
Searsport Lobster Boat Races. Date: July 10, 2010.
Time: 10 am to 3 pm.
Location: The regulated area
includes all waters of Searsport Harbor,
Maine.
Stonington Lobster Boat Races Date: July 10, 2010.
Time: 10 am to 3 pm.
Location: The regulated area
includes all waters of Stonington,
Maine.
The Challenge Race Row and Date: July 17, 2010.
Paddle Boat Race.
Time: 11 am to 3 pm.
Location: The regulated area
includes all waters of Lake Champlain in
the vicinity of Button Bay State Park in
Vergennes, Vermont.
Friendship Lobster Boat Races Date: July 24, 2010.
Time: 9:30 am to 3 pm.
Location: The regulated area
includes all waters of Friendship
Harbor, Maine.
Arthur Martin Memorial Date: July 24, 2010.
Regatta.
Time: 10 am to 12 pm.
Location: The regulated area
includes all waters of the Piscataqua
River, in the vicinity of Kittery Point,
Maine.
Harpswell Lobster Boat Races. Date: July 25, 2010.
Time: 10 am to 3 pm.
Location: The regulated area
includes all waters of Potts Harbor,
Maine.
Southport Rowgatta Row Boat Date: August 4, 2010.
Race.
Time: 8 am to 3 pm.
Location: The regulated area
includes all waters of Sheepscot Bay and
Booth Bay, on the shore side of
Southport Island, Maine.
Eggemoggin Reach Regatta..... Date: August 7, 2010.
Time: 11 am to 7 pm.
Location: The regulated area
includes all waters of Eggemoggin Reach
and Jericho Bay in the vicinity of
Naskeag Harbor, Maine.
Lake Champlain Dragon Boat Date: August 8, 2010.
Festival.
Time: 7 am to 5 pm.
Location: The regulated area
includes all waters of Lake Champlain in
the vicinity of Burlington Bay in
Burlington, Vermont.
Monhegan Island Regatta and Date: August 12, 2010 through
Boat Parade. August 15, 2010.
Time: 11 am on day one through
10 am on day three.
Location: The regulated area for
the start of the race includes all
waters of Casco Bay, Maine in the
vicinity of Long Island.
Winter Harbor Lobster Boat Date: August 14, 2010.
Races.
Time: 10 am to 3 pm.
Location: The regulated area
includes all waters of Winter Harbor,
Maine.
Lake Champlain Antique Boat Date: August 14, 2010.
Show.
Time: 5 pm to 6 pm.
Location: The regulated area
includes all waters of Lake Champlain in
the vicinity of Burlington Bay in
Burlington, Vermont.
Merritt Brackett Lobster Boat Date: August 15, 2010.
Races.
Time: 10 am to 3 pm.
Location: The regulated area
includes all waters of Pemaquid Harbor,
Maine.
MS Poker Run Regatta......... Date: August 21, 2010.
Time: 11 am to 2 pm.
Location: The regulated area for
the start of the race includes all
waters of Casco Bay, Maine in the
vicinity of Little Diamond Island and
Fort Gorges.
MS Regatta................... Date: August 21, 2010.
Time: 10 am to 4 pm.
Location: The regulated area for
the start of the race includes all
waters of Casco Bay, Maine in the
vicinity of Peaks Island.
[[Page 32284]]
Come Boating! Rowing Regatta. Date: August 21, 2010.
Time: 9:30 am to 4 pm.
Location: The regulated area
includes all waters of Belfast Bay, in
the vicinity of Belfast, Maine.
Maine Retired Skippers Date: August 21, 2010.
Regatta and Boat Parade.
Time: 12 pm to 6 pm.
Location: The regulated area for
the start of the race includes all
waters of Castine Harbor, Maine in the
vicinity of Dice Head.
Tour Di Verona Row Boat Race. Date: August 21, 2010.
Time: 12 pm to 3 pm.
Location: The regulated area
includes all waters of the Penobscot
River, on the shore side of Verona
Island, Maine.
MS Harborfest Tugboat Race... Date: August 22, 2010.
Time: 10 am to 3 pm.
Location: The regulated area
includes all waters of Portland Harbor,
Maine.
Windjammer Weekend Fireworks. Date: September 3, 2010.
Time: 8 pm to 10:30 pm.
Location: From a barge in the
vicinity of Northeast Point, Camden
Harbor, Maine.
Windjammer Weekend Regatta Date: September 4, 2010 through
and Boat Parade. September 6, 2010.
Time: 9 am to 9 pm.
Location: The regulated area
includes all waters in Camden Harbor,
Camden, Maine.
------------------------------------------------------------------------
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 are prohibited from entering, transiting
through, remaining, 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 their temporary nature and
limited size 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 interim 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,
[[Page 32285]]
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,
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 are available in the docket where
indicated under ADDRESSES. Any comments received concerning
environmental impacts will be considered and changes made to the
environmental analysis checklist, categorical exclusion determination,
and this rulemaking as appropriate.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, 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.T01-0315 to read as follows:
Sec. 165.T01-0315 Safety zones; Marine Events within the Captain of
the Port Sector Northern New England Area of Responsibility, July
through September.
(a) Safety Zones. The following areas are designated safety zones:
Locations. The locations for each safety zone are provided in the
below EVENTS TABLE. For all events listed in the EVENTS TABLE below,
the safety zones for firework displays includes all navigable waters
within a 350 yard radius of the fireworks launch site; for all swim
events listed in the Events Table, a 200 foot radius around all
participants; for all regattas, power boat races, row and paddle boat
races, and parades listed in the EVENTS TABLE below, all navigable
waters within a 50 yard radius around all vessels participating in the
event.
Events Table
------------------------------------------------------------------------
7.0 July
------------------------------------------------------------------------
7.1 Burlington Independence Day Event Type: Fireworks
Fireworks. Display.
Sponsor: City of
Burlington, VT.
Date: July 3, 2010.
Time: 8 pm to 10:30 pm.
[[Page 32286]]
Location: From a barge in
he vicinity of Burlington Harbor,
Burlington, Vermont in approximate
position 44[deg]28[min]30[sec] N,
073[deg]13[min]31[sec] W (NAD 83).
------------------------------------------------------------------------
7.2 Town of Islesboro Fireworks... Event Type: Fireworks
Display.
Sponsor: Town of Islesboro,
Maine.
Date: July 3, 2010.
Time: 8 pm to 10:30 pm.
Location: In the vicinity
of Grindle Point, Islesboro, Maine
in approximate position
44[deg]16[min]52[sec] N,
068[deg]56[min]24[sec] W (NAD 83).
------------------------------------------------------------------------
7.3 The Great Race................ Event Type: Row and Paddle
Boat Race.
Sponsor: The Great Race
Committee.
Date: July 4, 2010.
Time: 10 am to 12:30 pm.
Location: The regulated
area includes all waters of Lake
Champlain in the vicinity of Saint
Albans Bay in St. Albans, Vermont
within the following points (NAD
83):
44[deg]47[min]18[sec] N,
073[deg]10[min]27[sec] W.
44[deg]47[min]10[sec] N,
073[deg]08[min]51[sec] W.
------------------------------------------------------------------------
7.4 Moosabec Lobster Boat Races... Event Type: Power Boat
Race.
Sponsor: Moosabec Boat Race
Committee.
Date: July 4, 2010.
Time: 10 am to 3 pm.
Location: The regulated
area includes all waters of
Jonesport, Maine within the
following points (NAD 83):
44[deg]31[min]21[sec] N,
067[deg]36[min]44[sec] W.
44[deg]31[min]36[sec] N,
067[deg]36[min]47[sec] W.
44[deg]31[min]44[sec] N,
067[deg]35[min]36[sec] W.
44[deg]31[min]29[sec] N,
067[deg]35[min]33[sec] W.
------------------------------------------------------------------------
7.5 Bangor 4th of July Fireworks.. Event Type: Fireworks
Display.
Sponsor: Bangor 4th of July
Fireworks.
Date: July 4, 2010.
Time: 8 pm to 10:30 pm.
Location: In the vicinity
of the Bangor Waterfront, Bangor,
Maine in approximate position
44[deg]47[min]27[sec] N,
068[deg]46[min]31[sec] W (NAD 83).
------------------------------------------------------------------------
7.6 Bar Harbor 4th of July Event Type: Fireworks
Fireworks. Display.
Sponsor: Bar Harbor Chamber
of Commerce.
Date: July 4, 2010.
Time: 8 pm to 10:30 pm.
Location: In the vicinity
of Bar Harbor Town Pier, Bar
Harbor, Maine in approximate
position 44[deg]23[min]30[sec] N,
068[deg]2[min]16[sec] W (NAD 83).
------------------------------------------------------------------------
7.7 Bath 4th of July Fireworks.... Event Type: Fireworks
Display.
Sponsor: Main Street Bath.
Date: July 4, 2010.
Time: 8 pm to 10:30 pm.
Location: In the vicinity
of Reed and Reed Boat Yard,
Woolwich, Maine in approximate
position 43[deg]54[min]56[sec] N,
069[deg]48[min]16[sec] W (NAD 83).
------------------------------------------------------------------------
7.8 Boothbay Harbor 4th of July Event Type: Fireworks
Fireworks. Display.
Sponsor: Town of Boothbay
Harbor.
Date: July 4, 2010.
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).
------------------------------------------------------------------------
7.9 Castine 4th of July Fireworks. Event Type: Fireworks
Display.
Sponsor: Castine Fire
Department.
Date: July 4, 2010.
Time: 8 pm to 10:30 pm.
Location: From a float in
the vicinity of Castine Harbor,
Castine, Maine in approximate
position 44[deg]23[min]11[sec] N,
068[deg]47[min]39[sec] W (NAD 83).
------------------------------------------------------------------------
7.10 Colchester 4th of July Event Type: Fireworks
Fireworks. Display.
Sponsor: Town of Colchester
Recreation Department.
Date: July 4, 2010.
Time: 8 pm to 10:30 pm.
Location: In the vicinity
of Bayside Beach and Mallets Bay in
Colchester, Vermont at approximate
position 44[deg]54[min]51[sec] N,
073[deg]21[min]54[sec] W (NAD 83).
------------------------------------------------------------------------
7.11 Eastport 4th of July Event Type: Fireworks
Fireworks. Display.
[[Page 32287]]
Sponsor: Eastport 4th of
July Committee.
Date: July 4, 2010.
Time: 8 pm to 10:30 pm.
Location: From the
Waterfront Public Pier in Eastport,
Maine at approximate position
44[deg]54[min]25[sec] N,
066[deg]58[min]55[sec] W (NAD 83).
------------------------------------------------------------------------
7.12 Portland Harbor 4th of July Event Type: Fireworks
Fireworks. Display.
Sponsor: Department of
Parks and Recreation, Portland,
Maine.
Date: July 4, 2010.
Time: 8 pm to 10:30 pm.
Location: In the vicinity
of East End Beach, Portland, Maine
in approximate position
43[deg]40[min]11[sec] N,
070[deg]14[min]29[sec] W (NAD 83).
------------------------------------------------------------------------
7.13 St. Albans Day Fireworks..... Event Type: Fireworks
Display.
Sponsor: St. Albans Town
Recreation Department.
Date: July 4, 2010.
Time: 8 pm to 10:30 pm.
Location: From the St.
Albans Bay dock in St. Albans,
Vermont in approximate position
44[deg]48[min]25[sec] N,
073[deg]08[min]23[sec] W (NAD 83).
------------------------------------------------------------------------
7.14 Stonington 4th of July Event Type: Fireworks
Fireworks. Display.
Sponsor: Deer Isle--
Stonington Chamber of Commerce.
Date: July 4, 2010.
Time: 8 pm to 10:30 pm.
Location: In the vicinity
of Two Bush Island, Stonington,
Maine in approximate position
44[deg]08[min]57[sec] N,
068[deg]39[min]54[sec] W (NAD 83).
------------------------------------------------------------------------
7.15 Windjammer Days Fireworks Event Type: Fireworks
(Rain Date). display.
Sponsor: Boothbay Harbor
Region Chamber of Commerce.
Date: July 4, 2010.
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).
------------------------------------------------------------------------
7.16 Bath Heritage Days Fireworks. Event Type: Fireworks
Display.
Sponsor: Main Street Bath.
Date: July 5, 2010.
Time: 8 pm to 10:30 pm.
Location: In the vicinity
of Reed and Reed Boat Yard,
Woolwich, Maine in approximate
position 43[deg]54[min]56[sec] N,
069[deg]48[min]16[sec] W (NAD 83).
------------------------------------------------------------------------
7.17 Festival of Lights Boat Event Type: Regatta and
Parade. Boat Parade.
Sponsor: Plattsburgh
Sunrise Rotary.
Date: July 8, 2010.
Time: 7 pm to 11:30 pm.
Location: The regulated
area includes all waters of
Cumberland Bay on Lake Champlain in
the vicinity of Plattsburgh, New
York within the following points
(NAD 83):
44[deg]43[min]10[sec] N,
073[deg]25[min]50[sec] W.
44[deg]42[min]01[sec] N,
073[deg]25[min]59[sec] W.
44[deg]40[min]57[sec] N,
073[deg]26[min]05[sec] W.
44[deg]40[min]49[sec] N,
073[deg]26[min]27[sec] W.
------------------------------------------------------------------------
7.18 Searsport Lobster Boat Races. Event Type: Power Boat
Race.
Sponsor: Searsport Lobster
Boat Race Committee.
Date: July 10, 2010.
Time: 10 am to 3 pm.
Location: The regulated
area includes all waters of
Searsport Harbor, Maine within the
following points (NAD 83):
44[deg]26[min]50[sec] N,
068[deg]55[min]20[sec] W.
44[deg]27[min]04[sec] N,
068[deg]55[min]26[sec] W.
44[deg]27[min]12[sec] N,
068[deg]54[min]35[sec] W.
44[deg]26[min]59[sec] N,
068[deg]54[min]29[sec] W.
------------------------------------------------------------------------
7.19 Urban/EPIC Triathlon......... Event Type: Swim.
Sponsor: Tri-Maine
Productions.
Date: July 10, 2010.
Time: 7 am to 11 am.
Location: The regulated
area includes all waters of
Portland Harbor in the vicinity of
East End Beach in Portland, Maine
within the following points (NAD
83):
43[deg]40[min]00[sec] N,
070[deg]14[min]20[sec] W.
43[deg]40[min]00[sec] N,
070[deg]14[min]00[sec] W.
43[deg]40[min]15[sec] N,
070[deg]14[min]29[sec] W.
[[Page 32288]]
43[deg]40[min]17[sec] N,
070[deg]13[min]22[sec] W.
------------------------------------------------------------------------
7.20 Mayor's Cup Regatta.......... Event Type: Regatta and
Boat Parade.
Sponsor: Plattsburgh
Sunrise Rotary.
Date: July 10, 2010.
Time: 10 am to 4 pm.