[Federal Register Volume 74, Number 149 (Wednesday, August 5, 2009)]
[Rules and Regulations]
[Pages 38918-38921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18631]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0685]
RIN 1625-AA00
Safety Zone: USCG Barque Eagle Transits of Rockland Harbor, ME,
Portland Harbor, ME and Portsmouth Harbor, NH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary moving safety zone
excluding all vessels within a 100 yard radius of the U.S. Coast Guard
Barque EAGLE during the vessel's transit in Rockland Harbor, Penobscot
Bay, Casco Bay and Portland Harbor in
[[Page 38919]]
Maine as well as during its transit of Portsmouth Harbor, NH. This
safety zone is needed to protect spectators, event safety vessels and
others in the maritime community from the safety hazards created by
sailing a large vessel in close proximity to smaller vessels. Entry
into this safety zone is prohibited unless authorized by the Captain of
the Port, Sector Northern New England or his designated representative.
DATES: This rule is effective from 8 a.m. on July 24, 2009 until 6 p.m.
on August 10, 2009.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2009-0685 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-2009-0685
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. 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 Chief Petty Officer Randy Bucklin, U.S.
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 for the moving
safety zone 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 details regarding USCG Barque EAGLES's sail through
the various harbors in Maine and in Portsmouth New Hampshire were not
available in time to give the public notice and an opportunity to
comment thus making issuance of an NPRM impractical. Further, a
cancellation or delay of the EAGLE's sail to accommodate a notice and
comment period is contrary to the public's interest in ensuring the
safety of spectators, event safety vessels and other users of the
waterway.
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, a delay or cancellation of the EAGLE's sail to accommodate 30
days for publication before the rule becomes effective is contrary to
the public interest. Further, immediate action is needed to ensure a
safe, vessel free zone exists around this large sailing vessel as it
transits the various harbors.
Background and Purpose
The EAGLE is a large, steel hull sail training ship that is limited
in its ability to quickly maneuver around smaller vessels. USCGC Barque
Eagle will be making port calls in Rockland Harbor, ME and Portland
Harbor ME as well as a port call in Portsmouth NH as part of the marine
event ``The Tall Ships Visit to Portsmouth Harbor, NH''. This safety
zone is required to protect persons and vessels from the safety hazards
associated with a large sailing vessel's limited maneuverability.
Discussion of Rule
The Coast Guard is establishing a temporary moving safety zone
excluding all vessels within a 100 yard radius of the USCGC Barque
Eagle during the transit to the CG Moorings in Rockland Harbor, ME (44-
069.33N 069-06.09W), as it transits outbound into the main channel in
Penobscot Bay, as it transits inbound to State Pier in Portland Harbor,
ME (43-39.38N 070-14.45W), as it transits outbound Casco Bay to
Portland Head Light, inbound to Main State Pier in Portsmouth, NH (43-
05.03N 070-45.65W) for ``The Tall Ships visit to Portsmouth Harbor''
marine event while the event is in progress, and as it transits
outbound Portsmouth Harbor to the 2KR buoy. This safety zone is needed
to protect spectators, event sponsors' safety vessels, and others in
the maritime community from the safety hazards that may arise from an
event of this type. Entry into this safety zone is prohibited unless
authorized by the Captain of the Port, Sector Northern New England or
his designated representative.
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 Captain of the Port, Sector Northern New England.
Additionally, maritime 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 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.
[[Page 38920]]
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 expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect 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 creation of a temporary
safety zone for a limited period of time. 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. 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 Sec. 165.T01-0685 to read as follows:
Sec. 165.T01-0685 Safety Zone; USCG Barque Eagle transits of Rockland
Harbor, ME, Portland Harbor, ME and Portsmouth Harbor, NH.
(a) Location. The following area is a safety zone: All navigable
waters within 100 yards in all directions of the United States Coast
Guard Barque EAGLE (USCGC EAGLE) during its transit and port calls in
Rockland, ME, Portland, ME and Portsmouth, NH for ``The Tall Ships
Visit to Portsmouth Harbor, NH''.
(b) Enforcement periods:
(1) This rule will be enforced from 8 a.m. on July 24, 2009 to 4
p.m. on July 27, 2009 in Rockland Harbor, ME;
(2) This rule will be enforced from 8 a.m. on July 31, 2009 through
4 p.m. on
[[Page 38921]]
August 3, 2009 in Portland Harbor, ME; and,
(3) This rule will be enforced from 6 a.m. August 7, 2009 through 6
p.m. on August 10, 2009 in Portsmouth, NH.
(c) Regulations:
(1) In accordance with the general regulations in Sec. 165.23 of
this part, entry into or movement within this zone by any person or
vessel are prohibited unless authorized by the Captain of the Port
(COTP), Sector Northern New England or the COTP's designated
representative.
(2) Vessel operators desiring to enter or operate within the safety
zone may contact the COTP or the COTP's designated representative at
telephone number 207-767-0303 or designated representative on VHF
Channel 13 (156.7 MHz) or VHF channel 16 (156.8 MHz) to seek permission
to do so. If permission is granted, all persons and vessels must comply
with the instructions provided by the COTP or the COTP's designated
representative.
(d) Definitions.
(1) Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, or local law
enforcement officer designated by or assisting the Captain of the Port
(COTP).
Dated: July 24, 2009.
B.J. Downey, Jr.,
Commander, U.S. Coast Guard, Acting Captain of the Port, Sector
Northern New England.
[FR Doc. E9-18631 Filed 8-4-09; 8:45 am]
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