[Federal Register Volume 74, Number 156 (Friday, August 14, 2009)]
[Rules and Regulations]
[Pages 41045-41047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19549]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0524]
RIN 1625-AA00


Safety Zone; MS Harborfest Tugboat Races in Casco Bay, ME

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the MS Harborfest Tugboat Races in Casco Bay, Maine. This temporary 
safety zone is necessary to provide for the safety of life on the 
navigable waters by prohibiting spectators, vessels, and other users of 
the waterway from entering the area surrounding the tugboat races due 
to the hazards associated with the tugboat races.

DATES: This rule is effective from 11 a.m. until 4 p.m. on August 16, 
2009.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2009-0524 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-2009-0524 
in the ``Keyword'' box, and then clicking ``Search.'' 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, 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 event. The Coast Guard did not receive notification of 
the exact location or proposed date for the boating event in sufficient 
time

[[Page 41046]]

to issue a NPRM and hold a comment period for this rulemaking. The 
expeditious implementation of this rule is in the public interest 
because it will help ensure the safety of those involved in the tugboat 
races, the spectators, and users of the waterway during the boating 
event. Finally, a delay or cancellation of the tugboat races 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. Any delay in the effective date of 
this regulation would be contrary to the public interest as immediate 
action is necessary to protect the maritime community from the hazards 
associated with tugboat races. A delay or cancellation of the MS 
Harborfest tugboat races to accommodate a 30 day comment period would 
be contrary to public interest.

Background and Purpose

    The MS Harborfest is an annual marine boating event held in the 
month of August, in Casco Bay, Maine.
    These regulations will establish a fixed safety zone around the 
perimeter of the tugboat race course located in Casco Bay. The tugboat 
race involves several heavy vessels that are limited in their ability 
to quickly maneuver if an unexpected vessel were to enter the race 
area. Hazards also include the potential risks to persons and property 
that could come in contact with the tugboats, their wakes, or their 
gear. There is also a potential risk to the tugboats and their crew 
should they come into contact with unauthorized vessels traversing 
through the safety zone. Therefore this safety zone is designed to 
protect spectators and vessels from the hazards associated with the 
tugboat races, and to protect the race participants from the dangers of 
nearby vessel traffic by preventing entry into the zone during the 
enforcement time. Entry into the safety zone is prohibited unless prior 
authorization is received by the Coast Guard Captain of the Port Sector 
Northern New England.

Discussion of Rule

    The Coast Guard is establishing a safety zone for the MS Harborfest 
Tugboat Races. The safety zone is being established by reference to 
geographical coordinates as follows: All navigable waters of Casco Bay 
bounded by a line connecting the following geographic coordinates: 
Latitude 43[deg]40'24'' N, longitude 070[deg]14'20'' W, to latitude 
43[deg]40'36'' N, longitude 070[deg]13'56'' W, to latitude 
43[deg]39'58'' N, longitude 070[deg]13'21'' W, to latitude 
43[deg]39'46'' N, longitude 070[deg]13'51'' W.
    During the effective time of the safety zone, all vessels and 
persons are prohibited from entering, anchoring, remaining within or 
transiting in the zone unless specifically authorized by the Captain of 
the Port Sector Northern New England, or his designated 
representatives.
    The Coast Guard has determined that the safety zone will not have a 
significant impact on commercial vessel traffic due to the temporary 
nature of the zone's time and scope. The zone has been limited to the 
area surrounding the event and it will be enforced only during the time 
of the tugboat races. Public notifications will be made via marine 
information broadcasts during the effective period of this safety zone.

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 zone will be of 
limited duration, cover only a small portion of the navigable waterway, 
and the event is 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 Sector Northern New England and 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 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 zone during the enforcement 
period stated above.
    The safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: The 
safety zone is of limited size and of short duration and vessels that 
can safely do so may navigate in all other portions of the waterway 
except for the area designated as a safety zone. Additionally, before 
the enforcement period, 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.

[[Page 41047]]

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 a 
safety zone. An environmental analysis checklist and a categorical 
exclusion determination will be available for review 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; Public Law 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. Add Sec.  165.T01-0524 to read as follows:


Sec.  165.T01-0524  Safety Zone; MS Harborfest Tugboat Races in Casco 
Bay, ME.

    (a) Location: all navigable waters of Casco Bay in the vicinity of 
Fish Point and Diamond Island Ledge that are bounded by a line 
connecting the following geographic coordinates: Latitude 
43[deg]40'24'' N, longitude 070[deg]14'20'' W, to latitude 
43[deg]40'36'' N, longitude 070[deg]13'56'' W, to latitude 
43[deg]39'58'' N, longitude 070[deg]13'21'' W, to latitude 
43[deg]39'46'' N, longitude 070[deg]13'51'' W.
    (b) Effective Period: This Safety Zone is effective on August 16, 
2009, from 11 a.m. to 4 p.m.
    (c) Regulations.
    (1) The general regulations in 33 CFR 165.23 apply.
    (2) This safety zone is closed to all vessel traffic. Entry into, 
transiting, remaining within or anchoring in this safety zone is 
prohibited unless authorized by the Captain of the Port Sector 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 Sector 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 Sector 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 Sector Northern New England or his designated 
representatives.

    Dated: August 4, 2009.
J.B. McPherson,
Captain, U.S. Coast Guard, Captain of the Port, Sector Northern New 
England.
[FR Doc. E9-19549 Filed 8-13-09; 8:45 am]
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