[Federal Register Volume 74, Number 137 (Monday, July 20, 2009)]
[Rules and Regulations]
[Pages 35118-35120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17106]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2009-0448]
RIN 1625-AA08


Special Local Regulation; Summer Marine Events, Coastal 
Massachusetts

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing special local regulations 
during various swim and high speed race events to be held along the 
coast of Massachusetts, June through September 2009. These special 
local regulations are necessary to provide for the safety of life on 
navigable waters during the events. This action is intended to restrict 
vessel traffic before, during and after each event.

DATES: Effective Dates: This rule is effective from from June 21, 2009, 
through September 5, 2009.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2009-0448 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-2009-0448 
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 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail Ensign Marie Haywood, Coast Guard Sector 
Boston, Waterways Management; telephone 617-223-5160, 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 the Coast Guard did not receive 
adequate notice from the events' sponsors to submit a notice of 
proposed rulemaking (NPRM) and any delay in the regulation's effective 
date could expose the public to unnecessary danger and therefore be 
contrary to the public's interest.
    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, for the reasons same late notice 
reasons described above.

Background and Purpose

    This temporary rule establishes special local regulations 
concerning nine marine events. Several Massachusetts communities are 
holding marine events throughout the summer of 2009. These special 
local regulations will protect the maritime public from the dangers 
inherent in such events. The Captain of the Port does not anticipate 
any negative impact on vessel traffic due to implementation of these 
regulated areas. The regulation will protect the public by prohibiting 
entry into or movement within the proscribed portions of various 
coastal waterways during the marine events.
    Marine traffic may transit outside of the area during the effective 
period. Public notifications will be made prior to and during the 
effective period of each area via Broadcast and Local Notice to 
Mariners.

Discussion of Rule

    This rule is necessary to ensure the safety of vessels and people 
during annual swim and high speed races in the Captain of the Port 
Boston area of responsibility that may pose a hazard to the public. 
This rule establishes temporary regulations at 33 CFR part 100.35T-01-
0448. The regulated areas will be enforced only immediately before, 
during, and after events that pose hazard to the public, and only upon 
notice by the Captain of the Port.
    The Captain of the Port will inform the public about the details of 
each swim and high speed race covered by these special local 
regulations using a variety of means, including, but is not limited to, 
Broadcast Notices to Mariners and Local Notices 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.

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 would be in effect for a period of less than two 
hours to a maximum of eleven hours on days events are held, vessel 
traffic can navigate around the special local regulation area during 
the effected period, vessels may be permitted to pass through the area 
with the permission of the Captain of the Port, and advance 
notification via broadcast notice to mariners and Local Notice to 
Mariners will be made before and during the effective period.

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.

[[Page 35119]]

    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 0023.1 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)(h), of the Instruction. This rule involves special local 
regulation issued in conjunction with a marine event permit.
    Under figure 2-1, paragraph (34)(h), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination will be in the docket for review.

List of Subjects in 33 CFR Part 100

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

0
For the reasons discussed in the preamble, the Coast Guard is amending 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233; Department of Homeland Security 
Delegation No. 0170.1.


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2. Add a temporary Sec.  100.35-T01-0448 to read as follows:


Sec.  100.35-T01-0448  Summer Marine Events 2009, Coastal 
Massachusetts.

    (a) General. Special Local Regulations are established for the 
marine events described in paragraphs (a)(1) through (a)(9) described 
herein:
    (1) Cohasset Triathlon, Sandy Beach, Cohasset, MA. (i) All waters 
in the vicinity of Cohasset Harbor, from surface to bottom, within a 
200-yard radius around Sandy Beach, approximate location 42[deg]15'50'' 
N, 070[deg]48'00'' W.
    (ii) Enforcement date. This rule will be enforced from 7:45 a.m. 
through 9 a.m. on June 28, 2009.
    (2) Swim Across America, Boston, MA to Boston Light, MA. (i) All 
waters of Boston Harbor, from surface to bottom, within a 100-yard 
radius around the swimmers swimming from Rowes Wharf to Boston Light.
    (ii) Enforcement date. This rule will be enforced from 7 a.m. 
through 3 p.m. on July 17, 2009.
    (3) Swim Across America, Nantasket Beach, Hull, MA. (i) All waters 
of Nantasket Beach, from surface to bottom, within a four hundred (400)

[[Page 35120]]

yard radius of approximate position 42[deg]16'35'' N, 070[deg]51'15'' 
W.
    (ii) Enforcement date. This rule will be enforced from 9 a.m. 
through 11 a.m. on July 18, 2009.
    (4) Charles River One Mile Swim, Charles River, Boston, MA. (i) All 
waters of Charles River, from surface to bottom, between the Longfellow 
Bridge and the Harvard Bridge.
    (ii) Enforcement date. This rule will be enforced from 8 a.m. 
through 9 a.m. on June 21, 2009.
    (5) Toyota/Sea Doo US Regional Championships, Salisbury Beach, 
Salisbury, MA. (i) The following area is a regulated area: All waters 
of the Atlantic Ocean near Salisbury Beach, Salisbury, MA, from surface 
to bottom, within a one hundred (100) yard radius of the race course 
site located at approximate position 42[deg] 51'34'' N, 070[deg] 
48'34'' W.
    (ii) Enforcement date. This rule will be enforced daily from 6:30 
a.m. through 5 p.m. on June 27 through June 28, 2009.
    (6) The Iron Distance Triathlon at Plymouth Rock, Plymouth Inner 
Harbor, Plymouth, MA. (i) All waters of Plymouth Inner Harbor, from 
surface to bottom, within a four hundred (400) yard radius of 
approximate position 41[deg]57'50'' N, 070[deg]39'42'' W.
    (ii) Enforcement date. This rule will be enforced from 7 a.m. 
through 9:30 a.m. on September 6, 2009.
    (7) The Mayflower Triathlon at Plymouth Rock, Plymouth Inner 
Harbor, Plymouth, MA. (i) All waters of Plymouth Inner Harbor, from 
surface to bottom, within a four hundred (400) yard radius of 
approximate position 41[deg]57'50'' N, 070[deg]39'42'' W.
    (ii) Enforcement date. This rule will be enforced from 7:30 a.m. 
through 12:30 p.m. on August 31, 2008.
    (8) 31st Annual Celebrate the Clean Harbor Swim, Gloucester Harbor, 
Gloucester, MA. (i) All waters of Gloucester Harbor, from surface to 
bottom, within a four hundred (400) yard radius of approximate position 
41[deg]35'35'' N, 070[deg]39'45'' W.
    (ii) Enforcement Date. This rule will be enforced from 10 a.m. 
through 11 a.m. on September 5, 2009.
    (9) Gloucester Triathlon, Western Harbor, Gloucester, MA. (i) All 
waters of Western Harbor, from surface to bottom, starting at the beach 
at position 42[deg]36'34'' N, 070[deg]40'02'' W, thence to 
42[deg]36'29'' N, 070[deg]40'04'' W, thence to 42[deg]36'28'' N, 
070[deg]40'00'' W, thence to the beach at position 42[deg]36'33'' N, 
070[deg]39'58'' W.
    (ii) Enforcement Date. This rule will be enforced from 10 a.m. 
through 11 a.m. on September 5, 2009.
    (b) 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 Coat Guard 
Captain of the Port (COTP).
    (c) Regulations. (1) Entry into or remaining in the special local 
regulation area described in paragraph (a) of this section is 
prohibited unless authorized by the Coast Guard Captain of the Port 
(COTP) Boston, or the COTP's designated representative.
    (2) Persons desiring to transit the area covered by the special 
local regulations may contact the Captain of the Port at telephone 
number 617-223-3201 or via on-scene patrol personnel on VHF channel 16 
to seek permission to do so. If permission is granted, all persons and 
vessels must comply with the instructions of the Captain of the Port or 
his or her designated representative.

    Dated: June 18, 2009.
John N. Healey,
Captain, U.S. Coast Guard, Captain of the Port, Boston.
[FR Doc. E9-17106 Filed 7-17-09; 8:45 am]
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