[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Rules and Regulations]
[Pages 33128-33130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13477]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0166]
RIN 1625-AA00


Safety Zone; Tall Ships Boothbay Harbor 2021, Boothbay Harbor, ME

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a series of temporary safety 
zones on the waters of Boothbay Harbor, Maine. These safety zones are 
necessary to provide for the safety of participant vessels and the 
general public during Tall Ships Boothbay Harbor, 2021, an event 
allowing for public tours of tall ships (large sailing vessels) from 
various countries while at the docks of Boothbay Harbor, Maine. When 
enforced, this rule will prohibit persons and vessels from entering 
into the safety zone unless authorized by the Captain of the Port 
Northern New England or a designated representative.

DATES: This rule is effective from 12:01 a.m. on June 25, 2021 until 
12:01 a.m. on June 28, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0166 in the ``SEARCH'' box and click ``SEARCH.'' Next, in the 
Document

[[Page 33129]]

Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Shaun Doyle, Sector Northern New England Waterways 
Management Division, U.S. Coast Guard; telephone 207-347-5015, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port Sector Northern New England

II. Background Information and Regulatory History

    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 it is impracticable. We must 
establish the temporary safety zone by June 25, 2021 and lack 
sufficient time to provide a reasonable comment period and then 
consider those comments before issuing the rule. The potential safety 
hazards associated with this event and the large number of vessels and 
spectators in the vicinity of vessels require immediate action to 
ensure the safety of event participants and vessels. Further, waiting 
for a comment period to run is also contrary to the public interest as 
it would inhibit the Coast Guard's mission to keep the ports and 
waterways safe, protect the public from the hazards associated with 
this event, and minimize the impact on vessel traffic on the navigable 
waterway.
    Under 5 U.S.C. 553(d)(3), and for the same reasons stated in the 
preceding paragraph, the Coast Guard finds that good cause exists for 
making this rule effective less than 30 days after publication in the 
Federal Register. Delaying the effective date of this rule would be 
impracticable and contrary to the public interest because the temporary 
safety zone regulation must be established on June 25, 2021 to ensure 
the safety of spectators and vessels during the event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector 
Northern New England (COTP) has determined that potential hazards 
associated with the public tours would be a safety concern for anyone 
within a 25-yard radius of the participating tall ships. The purpose of 
the rule is to ensure the safety of participants, spectators, and 
transient vessels on the navigable waters of Boothbay Harbor during the 
scheduled event.

IV. Discussion of the Rule

    This rule establishes temporary safety zones from 12:01 a.m. on 
June 25, 2021 until 12:01 a.m. on June 28, 2021. The safety zones would 
cover all navigable waters within 25 yards of a tall ship in Boothbay 
Harbor. The duration of the zones is intended to ensure the safety of 
vessels and these navigable waters during the Tall Ships Boothbay 
Harbor 2021 Marine Event of National Significance. No vessel or person 
would be permitted to enter the safety zones without obtaining 
permission from the COTP or Designated Representative. If the tall 
ships are operating in a confined area and there is not adequate room 
for vessels to stay out of the safety zones due to a of a lack of 
navigable water, then vessels will be permitted to operate within the 
safety zone and shall travel at the minimum speed necessary to maintain 
a safe course. The navigation rules shall apply at all times while 
transiting the safety zones. The regulatory text appears at the end of 
this document.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, this 
rule has not been reviewed by the Office of Management and Budget 
(OMB).
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. The safety zone 
only impacts a small designated area of the Booth Bay Harbor, ME. 
Vessel traffic would be able to safely transit around these safety 
zones or through it at slow speed in congested areas. Moreover, the 
Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM 
marine channel 16 about the zone and persons or vessels desiring to 
enter the safety zone may do so with permission from the COTP or a 
designated representative.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    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.

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C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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.

E. 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 (adjusted for 
inflation) 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.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321-4370f), and have determined that this action is one of 
a category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This rule involves safety 
zones limited in duration and size that encompass the areas around 
visiting tall ships. It is categorically excluded from further review 
under paragraph L60[a] of Appendix A, Table 1 of DHS Instruction Manual 
023-01-001-01, Rev. 1. A Record of Environmental Consideration 
supporting this determination is available in the docket. For 
instructions on locating the docket, see the ADDRESSES section of this 
preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard is 
amending 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:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  165.T01-0166 to read as follows:


Sec.  165.T01-0166  Safety Zone; Tall Ships Boothbay Harbor 2021, 
Boothbay Harbor, Maine.

    (a) Definitions. The following definitions apply to this section:
    (1) Designated Representative. A ``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 
(COTP), to act on his or her behalf. The Designated Representative may 
be on an official patrol vessel or may be on shore and will communicate 
with vessels via VHF-FM radio or loudhailer. In addition, members of 
the Coast Guard Auxiliary may be present to inform vessel operators of 
this regulation.
    (2) Official patrol vessels. Official patrol vessels may consist of 
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement 
vessels assigned or approved by the COTP.
    (3) Spectators. All persons and vessels not registered with the 
event sponsor as participants or official patrol vessels.
    (4) Tall ship. Tall ship means any sailing vessel participating in 
the Tall Ships Boothbay 2021 within Boothbay Harbor, Maine.
    (b) Location. The following areas are safety zones: All navigable 
waters of the United States located in Boothbay Harbor within a 25-yard 
radius of any tall ship.
    (c) Regulations. (1) No person or vessel is allowed within the 
safety zones unless authorized by the cognizant Captain of the Port or 
their Designated Representative.
    (2) Persons or vessels operating within a confined harbor or 
channel, where there is not sufficient navigable water outside of a 
safety zone to safely maneuver are allowed to operate within the safety 
zone and shall travel at the minimum speed necessary to maintain a safe 
course. Vessels operating within the safety zones shall not come within 
25 yards of a tall ship unless authorized by the cognizant Captain of 
the Port, their Designated Representative, or the on-scene official 
patrol.
    (d) Enforcement period. This rule will be enforced from 12:01 a.m. 
on Friday, June 25, 2021 through 12:01 a.m. on Monday, June 28, 2021.
    (e) Navigation Rules. The Navigation Rules shall apply at all times 
within a tall ships safety zone.

    Dated: June 11, 2021.
B.J. LeFebvre,
Captain, U.S. Coast Guard, Captain of the Port, Sector Northern New 
England.
[FR Doc. 2021-13477 Filed 6-23-21; 8:45 am]
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