[Federal Register Volume 73, Number 146 (Tuesday, July 29, 2008)]
[Rules and Regulations]
[Pages 43868-43871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17292]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0695]
RIN 1625-AA00


Safety Zone; Maine; Sector Northern New England August Swim 
Events.

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary safety zones during 
the month of August around the ``Sprucewold Cabbage Island Swim,'' 
``Tri for a Cure Triathlon,'' ``Greater Burlington YMCA Lake Swim,'' 
``Y-Tri Triathlon,'' and ``Rockland Breakwater Swim'' marine events 
while the events are in progress. These safety zones are needed to 
protect swimmers, event sponsors' safety vessels, and others in the 
maritime community from the safety hazards that may arise from events 
of

[[Page 43869]]

this type. Entry into these safety zones is prohibited unless 
authorized by the Captain of the Port Sector Northern New England.

DATES: This rule is effective from August 9 through August 23, 2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0695 and are available online 
at www.regulations.gov. They are also available for inspection or 
copying two locations: 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, and at U.S. Coast 
Guard Sector Northern New England, 259 High Street, South Portland, ME 
04106 between the hours of 8 a.m. and 4 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call LT Jarrett Bleacher, U.S. Coast Guard Sector 
Northern New England, Waterways Management Division, at (207) 741-5421. 
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. The logistics of these events were not 
provided to the Coast Guard with sufficient time to publish a NPRM and 
still ensure that this temporary final rule would be effective by 
August 9, 2008, the start of the events. These safety zones are needed 
to protect the event participants and maritime public by ensuring that 
large numbers of swimmers remain separate and safe from vessel traffic.
    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. Immediately implementing this rule 
promotes the public interest by protecting the maritime public and 
participants.

Background and Purpose

    The ``Greater Burlington YMCA Lake Swim,'' ``Tri for a Cure,'' ``Y-
Tri Triathlon Swim,'' ``Sprucewold Cabbage Island Swim,'' and 
``Rockland Breakwater Swim'' are annual marine swimming events held in 
the month of August. This rule creates safety zones from 8 a.m. to 6 
p.m. EDT on August 9, 2008 for 33 CFR 165.T01-0695(a) (``Greater 
Burlington YMCA Lake Swim''), 7:30 a.m. to 9:30 a.m. EDT on August 9, 
2008 for 33 CFR 165.T01-0695(b) (``Tri for a Cure''), 9 a.m. to 10 a.m. 
EDT on August 9, 2008 for 33 CFR 165.T01-0695(c) (``Y-Tri Triathlon''), 
3 p.m. to 4 p.m. EDT on August 9, 2008 for 33 CFR 165.T01-0695(d) 
(``Sprucewold Cabbage Island Swim''), and 10 a.m. to 12 p.m. on August 
23, 2008 for 33 CFR 165.T01-0695(e) (``Rockland Breakwater Swim'').

Discussion of Rule

    This rule establishes fixed safety zones for each of these events 
in the locations and at the times listed in the regulatory text. During 
the effective period of the safety zones, vessel traffic will be 
prohibited from entering the affected locations during the marine 
events, unless specifically authorized by the Captain of the Port 
Sector Northern New England. These safety zones are needed to safeguard 
the maritime public and the participants from the hazards associated 
with this type of large scale swimming event.
    The Captain of the Port anticipates negligible negative impact on 
vessel traffic from these temporary safety zones as they will be in 
effect only for a short duration. The zones are not expected to affect 
commercial vessels transiting in or out of the port. The zones around 
the events will only be enforced while the participants are in the 
water. The enhanced safety to life and property provided by this rule 
greatly outweighs any potential negative impacts. Public notifications 
will be made during the entire effective period of these safety zones 
via marine information broadcasts.

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 expects the economic impact of this rule to be so 
minimal that a full regulatory evaluation is unnecessary. The effect of 
this rule will not be significant for the following reasons: the safety 
zones will be of limited duration; the events are designed to avoid, as 
much as practicable, deep draft, fishing, and recreational boating 
traffic routes; vessels may be authorized to transit the zone with 
permission of the COTP; and, advance notice of the zones will be 
provided via marine broadcast.

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 may affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
the safety zones. However, this rule will not have a significant 
economic impact on a substantial number of small entities due to the 
minimal time that vessels will be restricted from the areas, the ample 
space available for vessels to maneuver and navigate around the zones, 
and advance notifications will be made to the local community by marine 
information broadcasts.

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

[[Page 43870]]

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 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 effect 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 rule under Commandant Instruction M16475.lD 
and Department of Homeland Security Management Directive 5100.1, 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, 
under the Instruction, that there are no factors in this case that 
would limit the use of a categorical exclusion under section 2.B.2 of 
the Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation.
    A final environmental analysis checklist and a final categorical 
exclusion determination are 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. 701, 3306, 3703; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 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 temporary Sec.  165.T01-0695 to read as follows:


Sec.  165.T01-0695  Safety Zone; Maine; Sector Northern New England 
August Swim Events.

    (a) The following area is a fixed safety zone for the ``Greater 
Burlington YMCA Lake Swim'':
    (1) Location. All waters in Lake Champlain in the vicinity of North 
Hero Island enclosed by an area from shore to shore starting at 
latitude 44[deg]46'55''N, longitude 73[deg]22'14''W; thence to latitude 
44[deg]47'08''N, longitude 73[deg]19'05''W; from latitude 
44[deg]46'48''N, longitude 73[deg]17'13''W; thence to latitude 
44[deg]46'09''N, longitude 73[deg]16'39''W; and from latitude 
44[deg]41'08''N, longitude 73[deg]20'58''W thence to latitude 
44[deg]41'36''N, longitude 73[deg]23'01''W.
    (2) Effective Date. This rule will be enforced from 8 a.m. to 6 
p.m. on August 9, 2008.
    (b) The following area is a fixed safety zone for the ``Tri for a 
Cure Triathlon'':
    (1) Location. All waters in the vicinity of Spring Point in 
Portland Harbor, Maine enclosed by a box starting at latitude 
43[deg]39'05''N, longitude 70[deg]13'42''W; thence to latitude 
43[deg]39'08''N, longitude 70[deg]13'39''W; thence to latitude 
43[deg]39'07''N, longitude 70[deg]13'27''W thence to the point of 
beginning.
    (2) Effective Date. This rule will be enforced from 7:30 a.m. to 
9:30 a.m. on August 9, 2008.
    (c) The following area is a fixed safety zone for the ``Y-Tri 
Triathlon'':

[[Page 43871]]

    (1) Location. All waters in the vicinity of Point Au Roche State 
Park in Plattsburgh, New York, enclosed by a box starting at latitude 
44[deg]46'30''N, longitude 73[deg]23'26''W; thence to latitude 
44[deg]46'17''N, longitude 73[deg]23'26''W; thence to latitude 
44[deg]46'17''N, longitude 73[deg]23'46''W; thence to latitude 
44[deg]46'29''N, longitude 73[deg]23'46''W; thence to the point of 
beginning.
    (2) Effective Date. This rule will be enforced from 9 a.m. to 10 
a.m. on August 9, 2008.
    (d) The following area is a fixed safety zone for the ``Sprucewold 
Cabbage Island Swim'':
    (1) Location. All waters in the vicinity of Linekin Bay between 
Cabbage Island and Sprucewold Beach in Boothbay Harbor, Maine enclosed 
by a box starting at latitude 43[deg]50'37''N, longitude 
69[deg]36'23''W; thence to latitude 43[deg]50'37''N, longitude 
69[deg]36'59''W; thence to latitude 43[deg]50'16''N, longitude 
69[deg]36'46''W; thence to latitude 43[deg]50'22''N, longitude 
69[deg]36'21''W; thence to the point of beginning.
    (2) Effective Date. This rule will be enforced from 3 p.m. to 4 
p.m. on August 9, 2008.
    (e) The following area is a fixed safety zone for the ``Rockland 
Breakwater Swim'':
    (1) Location. All waters in the vicinity of Rockland Breakwater in 
Rockland Harbor, Maine enclosed by a box starting at latitude 
44[deg]06'16''N, longitude 69[deg]04'39''W; thence to latitude 
44[deg]06'14''N, longitude 69[deg]04'36''W; thence to latitude 
44[deg]06'13''N, longitude 69[deg]04'41''W; thence to latitude 
44[deg]06'16''N, longitude 69[deg]04'42''W; thence to latitude 
44[deg]06'16''N, longitude 69[deg]04'40''W.
    (2) Effective Date. This rule will be enforced from 10 a.m. to 12 
p.m. on August 23, 2008.
    (f) Definition: As used in this section, designated representative 
means any Coast Guard commissioned, warrant, or petty officer, or any 
federal, state, or local law enforcement officer authorized to enforce 
this regulation on behalf of the Coast Guard Captain of the Port(COTP).
    (g) Regulations. (1) In accordance with the general regulations in 
165.23 of this part, entry into or movement within this zone by any 
person or vessel is prohibited unless authorized by the COTP Sector 
Northern New England or the COTP's designated representative.
    (2) Vessel operators desiring to enter or operate within the safety 
zones may contact the COTP or the COTP's designated representative for 
permission at telephone number 207-767-0303, on VHF Channel 13 (156.7 
MHz), or VHF channel 16 (156.8 MHz). If permission is granted, all 
persons and vessels must comply with the instructions provided by the 
COTP or the COTP's designated representative.

    Dated: July 16, 2008.
J.B. McPherson,
Captain, U.S. Coast Guard, Captain of the Port, Sector Northern New 
England.
 [FR Doc. E8-17292 Filed 7-28-08; 8:45 am]
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