[Federal Register Volume 74, Number 128 (Tuesday, July 7, 2009)]
[Rules and Regulations]
[Pages 32075-32078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15874]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0526]
RIN 1625-AA00


Safety Zones; Fireworks Displays in Boothbay Harbor, South 
Gardiner, and Woolwich, ME

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing five temporary safety zones 
for the ``Windjammer Days Fireworks'', the ``Boothbay Harbor Fourth of 
July Fireworks'', the ``Heritage Days Fireworks'', the ``Westerlund's 
Landing Party Fireworks'', and the ``Town of Woolwich 250th 
Celebration'' in the towns of Boothbay Harbor, South Gardiner, and 
Woolwich, Maine. These temporary safety zones are necessary to provide 
for the safety of life on the navigable waters by prohibiting 
spectators, vessels, and other users of the waterway from entering an 
area surrounding the fireworks launch site due to the hazards 
associated with fireworks displays.

DATES: This rule is effective from 8 p.m. on June 24, 2009 until 10 
p.m. on August 3, 2009.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2009-0526 and are available online 
by going to http://www.regulations.gov, selecting the Advanced Docket 
Search option on the right side of the screen, inserting USCG-2009-0526 
in the Docket ID box, pressing Enter, and then clicking on the item in 
the Docket ID column. 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.

[[Page 32076]]

and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail BMC Randy Bucklin, Coast Guard Sector 
Northern New England, Waterways Management Division; telephone 207-741-
5440, e-mail [email protected]. If you have questions on viewing 
the docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because a notice and comment period would be 
impracticable due to the time constraints resulting from the immediacy 
of the upcoming events. The Coast Guard did not receive notification of 
the exact location or proposed dates for the fireworks events in 
sufficient time to issue a NPRM for this rulemaking. Further, the 
expeditious implementation of this rule is in the public interest 
because it will help ensure the safety of those involved in displaying 
the fireworks, the spectators, and users of the waterway during the 
fireworks events. Finally, a delay or cancellation of the fireworks 
events in order to accommodate a notice and comment period is contrary 
to the public's interest in this event occurring as scheduled.
    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. As noted above, the Coast Guard 
finds that it is both impractical and contrary to public interest to 
delay the effective date of this rule for 30 days after publication. 
Immediate action is needed in order to ensure the safety of the 
fireworks display crew, spectators and users of the waterway. The 
public will likely have close to 30 days notice after publication in 
the Federal Register for the two events scheduled in August, 
specifically the Westerlund's Landing Party Fireworks and the Town of 
Woolwich 250th Celebration Fireworks.

Background and Purpose

    The ``Windjammer Days Fireworks'', the ``Boothbay Harbor Fourth of 
July Fireworks'', the ``Heritage Days Fireworks'', the ``Westerlund's 
Landing Party Fireworks'', and the ``Town of Woolwich 250th 
Celebration'' are annual marine fireworks events held in the months of 
June, July, and August, in the towns of Boothbay Harbor, South 
Gardiner, and Woolwich Maine.
    These regulations will establish fixed safety zones around the 
perimeter of the affected portions of Boothbay Harbor, Woolwich, and 
South Gardiner waterways. These safety zones are designed to protect 
spectators and vessels from the hazards associated with fireworks 
displays, and to protect the sponsors from the dangers of nearby vessel 
traffic by preventing entry into the zone during the enforcement time 
unless prior authorization is received by the Coast Guard Captain of 
the Port Northern New England. Hazards include the explosive and 
flammable nature of the fireworks and the risks to persons and property 
that could come in contact with burning material as well as the 
associated high noise level to those in close proximity to the 
explosions.

Discussion of Rule

    This rule creates the following temporary safety zones: 
``Windjammer Days Fireworks'': All navigable waters of Boothbay Harbor 
within a 500 yard radius of the fireworks launch site in the vicinity 
of Clam Rock in approximate location latitude 43[deg]50[min]38[sec] N, 
longitude 069[deg]37[min]57[sec] W. This safety zone will be enforced 
from 8 p.m. to 10 p.m. on June 24, 2009 with a rain date of July 4, 
2009; ``Boothbay Harbor Fourth of July Fireworks'': All navigable 
waters of Boothbay Harbor within a 500 yard radius of the fireworks 
launch site within the vicinity of Clam Rock in approximate location 
latitude 43[deg]50[min]38[sec] N, longitude 069[deg]37[min]57[sec] W. 
This safety zone will be enforced from 8 p.m. to 10 p.m. on July 5, 
2009 with a rain date of July 6, 2009;
    ``Heritage Days Fireworks'': All navigable waters of the Kennebec 
River within a 500 yard radius of the fireworks launch site in the 
vicinity of Reed and Reed Boat Yard, Woolwich, Maine in approximate 
location latitude 43[deg]54[min]56[sec] N, longitude 
069[deg]48[min]16[sec] W. This safety zone will be enforced from 8 p.m. 
to 10:30 p.m. on August 1, 2009 with a rain date of August 2, 2009;
    ``Westerlund's Landing Party Fireworks'': All navigable waters of 
the Kennebec River within a 500 yard radius of the fireworks launch 
site in the vicinity of Nehumkeag Island, South Gardiner, Maine in 
approximate position latitude 44[deg]10[min]19.56[sec] N, longitude 
069[deg]45[min]24.68[sec] W. This safety zone will be enforced from 9 
p.m. to 10 p.m. on August 2, 2009 with a rain date of August 3, 2009;
    ``Town of Woolwich 250th Celebration'': All navigable waters of the 
Kennebec River within 500 yards of the fireworks launch site in the 
vicinity of Reed and Reed Dockyard, Woolwich, Maine in approximate 
location latitude 43[deg]54[min]59.06[sec] N, longitude 
069[deg]48[min]16.23[sec] W. This safety zone will be enforced from 9 
p.m. to 10 p.m. on August 2, 2009 with a rain date of August 3, 2009.
    During the times when the safety zones are in effect, vessel 
traffic will be restricted within the affected locations. Entry into 
these zones by any person or vessel will be prohibited unless 
specifically authorized by the Captain of the Port Northern New 
England, or his designated representatives.
    The Coast Guard has determined that the safety zones will not have 
a significant impact on commercial vessel traffic due to the temporary 
nature of the zones' time and scope. The zones have been limited to the 
areas surrounding the events and they will be enforced only during the 
times of the fireworks displays. Public notifications will be made via 
marine information broadcasts during the effective period of these 
safety zones.

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, cover only a small portion of the navigable 
waterways and the events are designed to avoid, to the extent 
practicable, deep draft, fishing, and recreational boating traffic 
routes. In addition, vessels may be authorized to transit the zone with 
permission of the Captain of the Port Northern New England; and 
maritime

[[Page 32077]]

advisories will be broadcast during the duration of the enforcement 
periods.

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 above.
    The safety zones will not have a significant economic impact on a 
substantial number of small entities for the following reasons: The 
safety zones are 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 area designated as a safety zone. Additionally, before 
the enforcement periods, the Coast Guard will issue maritime advisories 
via marine broadcasts and advisories.

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 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 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 which 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. This rule involves the establishment of 
safety zones. An environmental analysis checklist and a categorical 
exclusion determination will be available for review in the docket 
where indicated under ADDRESSES.

[[Page 32078]]

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. 701, 3306, 3703; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add temporary Sec.  165.T01-0526 to read as follows:


Sec.  165.T01-0526  Temporary Safety Zones for Fireworks Displays in 
Boothbay Harbor, South Gardiner, and Woolwich ME

    (a) Locations. The following areas are temporary safety zones:
    (1) For the ``Windjammer Days Fireworks'': all navigable waters of 
Boothbay Harbor within a 500 yard radius of the fireworks launch site 
in the vicinity of Clam Rock in approximate location latitude 
43[deg]50[min]38[sec] N, longitude 069[deg]37[min]57[sec] W.
    (2) For the ``Boothbay Harbor Fourth of July Fireworks'': all 
navigable waters of Boothbay Harbor within a 500 yard radius of the 
fireworks launch site in the vicinity of Clam Rock in approximate 
location latitude 43[deg]50[min]38[sec] N, longitude 
069[deg]37[min]57[sec] W.
    (3) For the ``Heritage Days Fireworks'': all navigable waters of 
the Kennebec River within a 500 yard radius of the fireworks launch 
site in the vicinity of Reed and Reed Boat Yard, Woolwich, Maine 
enclosed by an area starting at latitude 43[deg]54[min]56[sec] N, 
longitude 069[deg]48[min]16[sec] W.
    (4) For the ``Westerlund's Landing Party Fireworks'': all navigable 
waters of the Kennebec River within a 500 yard radius of the fireworks 
launch site in the vicinity of Nehumkeag Island, South Gardiner, Maine 
enclosed by an area starting at latitude 44[deg]10[min]19.56[sec] N, 
longitude 069[deg]45[min]24.68[sec] W.
    (5) For the ``Town of Woolwich 250th Celebration'': all navigable 
waters of the Kennebec River within a 500 yard radius of the fireworks 
launch site in the vicinity of Reed and Reed Dockyard, Woolwich, Maine 
enclosed by an area starting at latitude 43[deg]54[min]59[sec] N, 
longitude 069[deg]48[min]16[sec] W.
    (b) Enforcement Period. The temporary safety zones will be enforced 
during the following dates and times:
    (1) For the ``Windjammer Days Fireworks'': June 24, 2009 (Rain 
Date: July 4, 2009), between 8 p.m. to 10 p.m.
    (2) For the ``Boothbay Harbor Fourth of July Fireworks'': July 4, 
2009 (Rain Date: July 5, 2009), between 8 p.m. to 10 p.m.
    (3) For the ``Heritage Days Fireworks'': July 5, 2009 (Rain Date: 
July 6, 2009), between 8 p.m. to 10 p.m.
    (4) For the ``Westerlund's Landing Party Fireworks'': August 1, 
2009 (Rain Date: August 2, 2009), between 8 p.m. to 10:30 p.m.
    (5) For the ``Town of Woolwich 250th Celebration'' August 2, 2009 
(Rain Date: August 3, 2009), between 9 p.m. to 10 p.m.
    (c) Regulations.
    (1) During the enforcement period, entry into, transiting, 
remaining within or anchoring in these safety zones is prohibited 
unless authorized by the Captain of the Port Northern New England or 
his designated representatives.
    (2) These safety zones are closed to all vessel traffic, except as 
may be permitted by the Captain of the Port Northern New England or his 
designated representatives.
    (3) The ``designated representative'' is any Coast Guard 
commissioned, warrant, or petty officer who has been designated by the 
Captain of the Port Northern New England 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 contact the Captain of the Port Northern New England or his 
designated representative via VHF Channel 16 to obtain permission to do 
so.
    (5) 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 Northern New England or his designated 
representatives.

    Dated: June 23, 2009.
B.J. Downey Jr.,
Commander, U.S. Coast Guard, Acting Captain of the Port, Sector 
Northern New England.
[FR Doc. E9-15874 Filed 7-6-09; 8:45 am]
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