[Federal Register Volume 87, Number 139 (Thursday, July 21, 2022)]
[Rules and Regulations]
[Pages 43410-43412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15576]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0525]
RIN 1625-AA00


Safety Zone; Fireworks Display, Boothbay Harbor, Boothbay, ME

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for a 
fireworks display on the navigable waters of the Boothbay Harbor in the 
vicinity of McFarland Island, Boothbay, ME. The safety zone is needed 
to protect personnel, spectators, and vessels from potential hazards 
created by a fireworks display. Entry of vessels or persons into this 
zone is prohibited unless specifically authorized by the Captain of the 
Port Sector Northern New England.

DATES: This rule is effective from 9 p.m. on Thursday, July 21, 2022, 
through 11 p.m. on Friday, July 22, 2022. The rule will only be subject 
to enforcement from 9 p.m. through 11 p.m. on July 21, 2022, unless the 
event is delayed because of weather conditions in which case it may be 
subject to enforcement those same hours on July 22, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0525 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Chief Marine Science Technician Zachary Wetzel, Waterways 
Management Division at Coast Guard Sector Northern New England, 
telephone 207-347-5003, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 doing so would be impracticable and 
contrary to the public interest. The Coast Guard was not provided the 
final details for this event until June 8, 2022, and therefore, 
insufficient time exists to execute the full NPRM process. Waiting for 
a full comment period to run would inhibit the Coast Guard's ability to 
keep the public safe from the hazards associated with a nighttime 
maritime fireworks display and the ability to minimize the impact to 
vessel traffic on the navigable 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 for the same reasons discussed in 
the preceding paragraph.

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 firework display starting July 21, 2022, will be a 
safety concern for anyone within a 200-yard radius or the launch 
location. The purpose of this rule is to ensure safety of vessels and 
the navigable waters in the safety zone before, during, and after the 
scheduled event.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone on the navigable 
waters of the Boothbay Harbor in the vicinity of McFarland Island, 
Boothbay, ME, during a fireworks display from a barge. The event is 
scheduled to take place between 9 p.m. and 11 p.m. on July 21, 2022, 
unless the event is delayed because of weather conditions in which case 
it may take place between 9 p.m. and 11 p.m. on July 22, 2022. The 
safety zone will extend 200 yards around the barge, which will be 
anchored in approximate position latitude 43[deg]50'46.91'' N, 
longitude 069[deg]37'30.73'' W. The duration of the zone is intended to 
protect personnel, vessels, and the marine environment in these 
navigable waters during the firework display. No vessel or person will 
be permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative.

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

[[Page 43411]]

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 and 
location of the safety zone. The safety zone will only be of limited 
duration and will allow vessels to transit in waters directly adjacent 
to this safety zone, minimizing any adverse impact. Additionally, 
maritime advisories will be posted in the Local Notice to Mariners and 
will be broadcast throughout the duration of the enforcement period.

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.

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 a 
safety zone lasting only 2 hours that will prohibit entry within 200 
yards of a fireworks barge in Boothbay Harbor in the vicinity of 
McFarland Island in Boothbay Harbor, Maine. 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 record 
keeping requirements, Security measures, and Waterways.

    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: 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. 
00170.1, Revision No. 01.2.


0
2. Add Sec.  165.T01-0525 to read as follows:


Sec.  165.T01-0525  Safety Zone; Fireworks Display, Boothbay Harbor; 
Boothbay, ME.

    (a) Location. The following area is a safety zone: all navigable 
waters, from surface to bottom, of Boothbay Harbor, Boothbay, ME, 
within a 200-yard radius of position: 43[deg]50'46.91'' N, 
069[deg]37'30.73'' W.
    (b) Definitions. As used in this section, 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, and local officer designated by or assisting the 
Captain of the Port Northern New England (COTP) in the enforcement of 
the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety

[[Page 43412]]

zone described in paragraph (a) of this section unless authorized by 
the COTP or the COTP's designated representative. To seek permission to 
enter, contact the COTP or the COTP's representative via VHF-FM marine 
channel 16 or by contacting the Coast Guard Sector Northern New England 
Command Center at 207-741-5465. Those in the safety zone must comply 
with all lawful orders or directions given to them by the COTP or the 
COTP's designated representative.
    (d) This section is effective from 9 p.m. on Thursday, July 21, 
2022, through 11 p.m. on Friday, July 22, 2022. The rule will only be 
subject to enforcement from 9 p.m. through 11 p.m. on July 21, 2022, 
unless the event is delayed because of weather conditions in which case 
it may be subject to enforcement those same hours on July 22, 2022.

    Dated: July 18, 2022.
A.E. Florentino,
Captain, U.S. Coast Guard, Captain of the Port Northern New England.
[FR Doc. 2022-15576 Filed 7-20-22; 8:45 am]
BILLING CODE 9110-04-P