
[Federal Register: May 10, 2010 (Volume 75, Number 89)]
[Rules and Regulations]               
[Page 25766-25770]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10my10-5]                         

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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 Laura.K.vanderPol1@uscg.mil. 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
------------------------------------------------------------------------
             5.0                                  MAY
------------------------------------------------------------------------
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).
------------------------------------------------------------------------
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).
------------------------------------------------------------------------
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
------------------------------------------------------------------------
6.0                                               JUNE
------------------------------------------------------------------------
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
------------------------------------------------------------------------
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
------------------------------------------------------------------------
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]
BILLING CODE 9110-04-P

