[Federal Register Volume 65, Number 53 (Friday, March 17, 2000)]
[Proposed Rules]
[Pages 14498-14501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6686]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100, 110, and 165

[CGD01-99-194]
RIN 2115-AA 97, AA 98, AE 46


Temporary Regulations: Opsail Maine 2000, Portland, ME

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a regulated area, safety 
zone and anchorage grounds during OPSAIL MAINE 2000 events to be held 
between July 28 and 31, 2000 in the port of Portland, Maine. These 
regulations are necessary to promote the safe navigation of vessels, 
and the safety of life and property during the heavy volume of vessel 
traffic expected during this event.

DATES: Comments and related material must reach the Coast Guard on or 
before May 16, 2000.

ADDRESSES: Comments should be mailed to: Commanding Officer, U.S. Coast 
Guard Marine Safety Office, 103 Commercial St. Portland, Maine 04101-
4726. The Response and Planning Department, Coast Guard Marine Safety 
Office maintains the public docket for this rulemaking. Comments and 
material received from the public, as well as documents indicated in 
this preamble as being available in the docket, will become part of 
this docket and will be available for inspection or copying at the 
Coast Guard Marine Safety Office between 8 a.m. and 4 p.m., Monday 
through Friday, except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant R. Timme, Chief of Response 
and Planning, Marine Safety Office, Portland at (207) 780-3251.

SUPPLEMENTARY INFORMATION:  

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting comments and related material. Each 
person submitting comments should include his/her name and address, 
identify the docket number for this rulemaking [CGD1-99-194-195-196], 
indicate the specific section of this document to which each comment 
applies, and give the reason for each comment. Please submit all 
comments and related material in an unbound format, no larger than 8\1/
4\ by 11 inches, suitable for copying. Persons requesting 
acknowledgment of receipt of comments should include a stamped, self-
addressed postcard or envelope. All comments and material received 
during the comment period will be considered by the Coast Guard and may 
change this proposed regulation.

Public Hearing

    The Coast Guard does not plan to hold a public hearing. Persons may 
request a public meeting by writing to Commander, First Coast Guard 
District (m) via Marine Safety Office Portland, at the address listed 
under ADDRESSES. The request should include reasons why a public 
hearing would be beneficial. If the Coast Guard determines that oral 
presentations would aid this rulemaking, a hearing will be held at a 
time and place announced by a later notice in the Federal Register.

Background and Purpose

    OPSAIL Maine 2000, Inc. is sponsoring the OPSAIL Maine 2000 Parade 
of Tall ships as well as a fireworks display. These events are 
scheduled to take place between July 28th and 30th 2000 in the Port of 
Portland and surrounding waters. The Coast Guard anticipates up to 
1,000 spectator craft for these events. The proposed rulemaking will 
provide specific guidance on temporary anchorage regulations, vessel 
movement controls, and safety zones that will be in effect at various 
times in those waters during the period July 28-30, 2000. The Coast 
Guard may establish additional regulated areas, anchorage grounds and 
safety zones once confirmation of the exact number of participating 
vessels becomes available.

Discussion of Proposed Rule

    OPSAIL MAINE 2000, Inc is sponsoring OPSAIL MAINE 2000. This event 
will consist of a parade of sailing

[[Page 14499]]

vessels from Portland Head Light past a reviewing stand located at 
Anchorage B. This parade will continue to Portland Main where the 
vessels will turn west-southwest and go to berth throughout the Port of 
Portland.
    The Coast Guard estimates up to 1,000 spectator craft will attend 
the events. The proposed regulations create temporary anchorage 
regulations, vessel movement controls, and safety zones. The 
regulations will be in effect at various times in Portland Harbor 
between July 28-30, 2000. The vessel congestion due to the large number 
of participating and spectator vessels poses a significant threat to 
the safety of life. This proposed rulemaking is necessary to ensure the 
safety of life on the navigable waters of the United States.

Regulated Areas

    The Coast Guard proposes to establish a regulated area in Portland 
Harbor that will be in effect on July 28, 2000. This proposed regulated 
area is needed to protect the maritime public and participating vessels 
from possible hazards to navigation associated with a parade of tall 
ships transiting the waters of Portland outer harbor in close 
proximity; and a large number of Tall Ships and spectator craft 
anchored in close proximity throughout the duration of these events. 
This regulated area includes vessel anchoring and operating 
restrictions.
    This Regulated Area covers the waters of Portland Harbor Outer 
Harbor, Main Harbor and vicinity. It includes the following temporary 
anchorages established under 33 CFR Sec. 110.T133 created under this 
rule: Anchorage B, Anchorage C, Anchorage D offshore of South Portland, 
and Anchorage E off the southeast shore of Cushing Island. Following 
the tall ship parade, Portland Harbor will reopen in sequence with the 
movement and mooring of the final flotilla of tall ships. After the 
final flotilla of tall ships has passed Anchorage B, vessel operators 
anchored in the anchorage areas may depart for locations outside 
Portland Harbor. This proposed regulated area is effective from 11 a.m. 
until 4 p.m. on July 28, 2000.

Anchorage Regulations

    The Coast Guard also proposes to establish temporary Anchorage 
Regulations for participating OPSAIL MAINE 2000 ships and spectator 
craft. The Anchorage regulations in 33 CFR Sec. 110.132 will be 
temporarily suspended by this regulation and new Anchorage Grounds and 
regulations will be temporarily established. The proposed anchorage 
regulations temporarily establish Anchorage grounds for spectator 
vessel use only. They restrict all other vessels from using these 
anchorage grounds during a portion of the OPSAIL MAINE 2000 event. 
Anchorage B will contain the official reviewing vessel. Anchorage C is 
designated for small vessel temporary anchorages. Additionally, 
Spectator Anchorage D is designated offshore of South Portland in the 
Outer Harbor, and Spectator Anchorage E is designated on the southeast 
shore of Cushing Island. These are needed to provide viewing areas for 
spectator vessels while maintaining a clear parade route for the 
participating OPSAIL MAINE 2000 vessels and to protect boaters and 
spectator vessels from the hazards associated with a parade of tall 
ships transiting in close proximity in the waters of Portland Harbor. 
These proposed regulations are effective from 11 a.m. until 4 p.m. on 
July 28, 2000.

Safety Zones

    The Coast Guard proposes to establish a safety zone in Portland 
Harbor for a fireworks display, that will be in effect on July 28, 
2000. In the case of inclement weather, the fireworks display will be 
held on either July 29, or July 30, 2000 and the safety zone would be 
in effect on those dates. The proposed safety zone is needed to protect 
the maritime public from possible hazards associated with the launching 
of fireworks in Portland Harbor. The safety zone covers a 1500 foot 
radius around a barge located in Anchorage A for the fireworks display. 
This proposed regulation is in effect from 9 p.m. until 11 p.m. on July 
28-30, 2000.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866 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. It is not significant under the regulatory policies 
and procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979).
    Due to the short duration of these marine events and fireworks 
events and the advance notice provided to the maritime community, the 
Coast Guard expects the economic impact of this regulation to be so 
minimal that a full Regulatory Evaluation under paragraph 10(e) of the 
regulatory policies and procedures of the Department of Transportation 
is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed rule will 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.
    Because it expects the impact of this rule to be so minimal, the 
Coast Guard certifies under section 605(b) of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) that this proposed rule will not 
have a significant economic impact on a substantial number of small 
entities.

Assistance For Small Entities

    In accordance with Sec. 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Public Law 104-121), the Coast Guard 
wants to assist small entities in understanding this rule so that they 
can better evaluate its effects on them and participate in the 
rulemaking process.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    We have analyzed this proposed rule under E.O. 13132 and determined 
that this rule does not have implications for federalism under that 
Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise

[[Page 14500]]

have taking implications under E.O. 12630, Governmental Actions and 
Interference with Constitutionally Protected Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under E.O. 13045, Protection of 
Children from Environmental Health Risks and Safety Risks. This rule is 
not an economically significant rule and does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    We have considered the environmental impact of this proposed rule 
and concluded that, under Figure 2-1, paragraph 34 (f), (g) and (h), of 
Commandant Instruction M16475.1C, it will have no significant 
environmental impact and it is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket where indicated under ADDRESSES.

List of Subjects

33 CFR Part 100

    Marine safety, Navigation (water), Reporting and record keeping 
requirements, Waterways.

33 CFR Part 110

    Anchorage Grounds

33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR Parts 100, 110, and 165 as follows:

PART 100--[AMENDED]

    1. The authority for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233 through 1236; 49 CFR 1.46; 33 CFR 
100.35.

    2. Add Temporary Sec. 100.CGD1-194 to read as follows:


Sec. 100.CGD1-194  Regulated Area, Main Harbor, Portland, Maine.

    (a) Regulated Area: A regulated area is established in the waters 
of Portland Harbor, Outer Harbor, Main Harbor and vicinity within the 
following boundaries: east of the Casco Bay Bridge in the Fore River; 
east of the line drawn from Fish Point at 43 deg.39'59" N-
70 deg.14'17"W to Back Cove Approach Buoy No 3 (LLNR 7845) at 
43 deg.40'17'' N-70 deg.14'05" W ; south of the line thence drawn to 
Back Cove Approach Buoy No 4 (LLNR 7850) at 43 deg.40'21" N-
70 deg.13'42" W; south-southwest of the line thence drawn to Back Cove 
Approach Buoy No 2 (LLNR 7850) at 43 deg.40'10" N-70 deg.13'22" W; 
south-southwest of the line thence drawn to Casco Bay Channel Buoy No 2 
(LLNR 7235) at 43 deg.39'50" N-70 deg.12'52" W; south-southwest of the 
line thence drawn to House Island Buoy No 1 (LLNR 7220) at 
43 deg.39'22" N-70 deg.12'20" W; west of the line thence drawn to the 
northernmost point of Cushing Island at 43 deg.38'49" N-70 deg. 12'11" 
W; west of the line from the easternmost point of Cushing Island at 
43 deg.38'43" N-70 deg.11'25" W to Ram Island Ledge Light (LLNR 7575) 
at 43 deg.37'54" N-70 deg.11'12" W; north of the line thence drawn to 
Portland Head Light (LLNR 7565) at 43 deg.37'24" N-70 deg.12'30" W; 
thence along the shore of South Portland back to the Casco Bay Bridge.
    (b) Effective dates: This regulation is effective from 11 a.m. 
until 4 p.m. on July 28, 2000.
    (c) Special Local Regulation: 
    (1) No vessel except OPSAIL MAINE 2000 participating vessels and 
their assisting tugs, spectator vessels, and those vessels exempt from 
the regulations in this section, may enter or navigate within the 
Regulated Area, unless specifically authorized by the Coast Guard 
Captain of the Port, Portland, Maine or his on-scene representative.
    (2) Commercial vessels which need to transit the Regulated Area, 
and are not going to a spectator vessel anchorage, must obtain 
permission from the Coast Guard Captain of the Port, Portland, Maine or 
his on-scene representative, prior to entering the Regulated Area.
    (3) Spectator vessels within the Regulated Area shall remain in 
designated anchorages during the effective period unless specifically 
authorized by the Coast Guard Captain of the Port, Portland, or his on-
scene representative.
    (4) Spectator vessels transiting the Regulated Area must do so at a 
no wake speed, or at speeds not to exceed 5 knots, whichever is less.
    (5) Not withstanding paragraph (c)(1) of this section, no vessel 
other than OPSAIL MAINE 2000, their assisting tugs, and enforcement 
vessels, may enter or navigate within the boundaries of the main 
shipping channel within the Regulated Area unless they are specifically 
authorized to do so by the Coast Guard Captain of the Port, Portland, 
Maine or his on-scene representative. Authorization may be obtained by 
contacting Coast Guard Group Portland on channel 16 VHF-FM. Any vessel 
authorized to enter the Regulated Area during the Parade of Tall Ships 
must not, under any circumstances, cross through the parade, or 
maneuver alongside within 100 yards of any OPSAIL MAINE 2000 vessel.
    (6) No vessel is permitted to anchor in the main shipping channel 
at any time. Vessels which need to anchor to maintain position will 
only do so in designated temporary anchorage areas.
    (7) All persons and vessels shall comply with the instructions of 
on-scene Coast Guard patrol personnel. On-scene patrol personnel 
include commissioned, Warrant and Petty Officers of the Coast Guard on 
board Coast Guard, Coast Guard Auxiliary, or local law enforcement 
vessels.

PART 110--[AMENDED]

    3. The authority citation for Part 110 continues to read as 
follows:

    Authority: 33 U.S.C. 471; 1221 through 1236, 2030, 2035, 2071; 
49 CFR 1.46 and 33 CFR 1.05-1(g)

    4. From July 28 through July 30, 2000 Sec. 110.132 is suspended and 
new Sec. 100.T136 is added as follows:


Sec. 110.T136  Portland Harbor, ME.

    (a) The anchorages. All anchorages in this paragraph are effective 
as specified. Vessel operators using the anchorages in this paragraph 
must comply with the general operational requirements specified in 
paragraph (c) of this section. All coordinates are NAD 1983.
    (1) Anchorage B. 
    (i) That area bound by the following points; 43 deg.39'35" N-
70 deg.13'30" W (Fort Gorges Island Ledge Buoy 4, LLNR 7685); 
43 deg.39'50" N-70 deg.12'55" W; 43 deg.39'26" N-70 deg.12'27" W; 
43 deg.39'08" N-70 deg.12'58" W (NAD 1983).
    (ii) Anchorage B is intended for general purposes, but especially 
for use by oil tankers and other large deep-draft ships entering harbor 
at night and intending to proceed to the dock allotted at daylight the 
following morning or as soon as practicable. This area is also to be 
used for quarantine anchorage. Vessels must be so anchored in this area 
as to leave at all times an open usable channel at least 100 feet wide 
for passage of ferry and other boats between Portland and islands in 
Luckse Sound and Hussey Sound. Any vessels anchored in this area shall 
be ready to move on short notice when ordered to

[[Page 14501]]

do so by the Captain of the Port, or on scene Coast Guard patrol 
personnel.
    (2) Anchorage C.
    (i) That area bounded by the following points: the eastern most 
point on House Island 43 deg.39'16" N-70 deg.12'24" W, to the point on 
Cushing Island at 43 deg.38'49" N-70 deg.12'11" W; thence along the 
western shore of Cushing Island to its southernmost point at 
43 deg.38'03" N-70 deg.12'24" W; to Maine Approach Lighted Bell Buoy 
``12'', (LLNR 7580) at 43 deg.38'00" N-70 deg.12'30" W; to Fort Scammel 
Point Light 2 (LLNR 7605) at 43 deg.38'54" N-70 deg.12'54" W; thence 
along the south-eastern shoreline to the beginning. (All positions NAD 
1983.)
    (ii) This anchorage is intended for use by small vessels and for 
temporary anchorages.
    (3) Spectator Anchorage D.
    (i) That area bound by the following points: Spring Point Ledge 
Light (LLNR 7610) at 43 deg.39'06" N-70 deg.13'30" W (NAD 1983); to 
Portland Head Light, (LLNR 7565) 43 deg.37'24" N-70 deg.12'30" W (NAD 
1983); thence along the shoreline of South Portland to the point of 
beginning. (All positions NAD 1983.)
    (ii) This anchorage is intended for use by small vessels and for 
temporary anchorages.
    (4) Spectator Anchorage E.
    (i) That area bounded by the following points: the eastern most 
point of Cushing Island at 43 deg.38'43" N-70 deg.14'17" W; to Ram 
Island Ledge Light (LLNR 7575) at 43 deg.37'24" N-70 deg.12'30" W; to 
the floating aids to navigation Maine Approach Lighted Bell Buoy ``12'' 
(LLNR 7580) at 43 deg.37'24" N-70 deg.12'30" W; to the southern most 
point of Cushing Island; thence along the south-eastern shore to the 
point of beginning. (All positions NAD 1983.)
    (ii) This anchorage is intended for use by small vessels and for 
temporary anchorages.
    (b) Effective dates: This section is effective from 11 a.m. until 4 
p.m. on July 28, 2000.
    (c) Regulations. Vessel operators using any of the anchorages 
established in this section shall:
    (i) Ensure their vessels remain safely in position under all 
prevailing conditions.
    (ii) Comply as directed by on-scene Coast Guard patrol personnel. 
On-scene Coast Guard patrol personnel include commissioned, warrant, 
and petty officers of the Coast Guard on board Coast Guard, Coast Guard 
Auxiliary, or local law enforcement vessels.
    (iii) Vacate anchorages after termination of the effective period 
for those areas.
    (iii) Not leave vessels unattended in any anchorage or spectator 
area at any time.
    (iv) Not tie off to any buoy.
    (v) Not maneuver between anchored vessels.
    (vii) Not nest or tie off to other vessels in that anchorage or 
spectator area.

PART 165--[AMENDED]

    5. The authority citation for part 165.11 continues to read:

    Authority: 33 U.S.C. 1225 and 1231; 50 U.S.C. 191; 49 CFR 1.46 
and 33 CFR 1.05-1(G), 6.04-1, 6.04-6, and 160.5.

    6. Add new Sec. 165.CGD1-195 to read as follows:


Sec. 165.CGD1-195  Safety Zone: OPSAIL Maine 2000 Fireworks Display, 
Portland Harbor, Portland, ME.

    (a) Location. The following area is a safety zone: All waters in a 
radius of 1500 feet around a pyrotechnics barge located at approximate 
position 43 deg.40'07" N-70 deg.13'45" W (NAD 1983).
    (b) Effective dates. This regulation is effective from 9 p.m. until 
11 p.m. on July 28, 29 and 30, 2000.
    (c) Regulations.
    (1) The general regulations contained in 33 CFR 165.23 apply.
    (2) Vessel operators must maneuver as directed by on-scene Coast 
Guard patrol personnel. On scene Coast Guard patrol personnel include 
commissioned, warrant, and petty officers of the Coast Guard on board 
Coast Guard, Coast Guard Auxiliary, or law enforcement vessels.

    Dated: February 29, 2000.
G. N. Naccara,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District, 
Boston, Massachusetts.
[FR Doc. 00-6686 Filed 3-16-00; 8:45 am]
BILLING CODE 4910-15-U