[Federal Register Volume 90, Number 156 (Friday, August 15, 2025)]
[Rules and Regulations]
[Pages 39330-39333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-15538]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2025-0519]
RIN 1625-AA08
Special Local Regulation; Casco Bay, Cow Island, Long Island, ME
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation for the navigable waters of Casco Bay, in the vicinity of
Cow Island, ME, to support an offshore concert with spectator vessels.
This regulation is needed to ensure the safety of spectators and
mariners from risks associated with a large gathering on the water. The
regulation will temporarily establish a spectator area and a safe
access lane for transit and emergency response while also prohibiting
swimming and creating a speed restriction/no wake zone.
DATES: This rule is effective from 12:30 p.m. August 16, 2025, to 5:30
p.m. August 17, 2025. It will only be subject to enforcement, however,
from 12:30 p.m. through 5:30 p.m. on Saturday, August 16, 2025, unless
the event is delayed because of weather conditions, in which case it
may be subject to enforcement of those same hours on August 17, 2025.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2025-0519 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 about this
proposed rulemaking, call or email, LT Amanda Barnett, Sector Northern
New England, U.S. Coast Guard; telephone 207-808-9137, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port, 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
As an organized water event of limited duration which is conducted
according to a prearranged schedule is a ``Regatta or marine parade,''
as defined at 33 CFR 100.05. An individual or organization planning to
hold a regatta or marine parade which, by its nature, circumstances or
location, will introduce extra or unusual hazards to the safety of life
on the navigable waters of the United States, must submit an
application to hold it. 33 CFR 100.15. On May 16, 2025, the event
sponsor of the ``Flotilla to Fight Cancer Benefit Concert'' submitted
an application under 33 CFR 100.15 to conduct the Fight Cancer Benefit
Concert for approximately five hours on August 16, 2025, with a rain
date of August 17, 2025. The offshore concert will take place in Casco
Bay, on the Falmouth side of Cow Island, in the Town of Long Island,
ME.
After approving plans for the holding of a regatta or marine parade
within his or her district or zone, a Captain of the Port (COTP) is
authorized to promulgate such special local regulations (SLR) as he or
she deems necessary to ensure safety of life on the navigable waters
immediately prior to, during, and immediately after the approved
regatta or marine parade. 33 CFR 100.35. Due to the high-profile nature
of this event, spectator vessels and support craft that will be present
and they will have the potential to cause vessel congestion in Casco
Bay on the Falmouth side of Cow Island, in Long Island, ME. The COTP,
Sector Northern New England has determined that potential hazards
associated with the offshore concert and offshore concert location
would be a safety concern for anyone within the concert area and
adjacent navigable waters and is therefore establishing these SLRs.
The Coast Guard is issuing this temporary rule under the authority
in 5 U.S.C. 553(b)(B). This statutory 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.'' 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 impractical
to do so due to insufficient time to publish a final rule by August 16,
2025.
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. Delaying the effective date of
this rule would be impracticable because the rule must be in effect by
August 16, 2025, to serve its intended purpose.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The COTP has determined that this rule is needed to protect
personnel, vessels, and the marine environment from the hazards
associated with the offshore concert event.
IV. Discussion of the Rule
The Coast Guard is establishing a temporary SLR for a one-day event
from 12:30 p.m. through 5:30 p.m. on Saturday, August 16, 2025, unless
the event is delayed because of weather conditions in which case it
will be subject to enforcement of those same hours on August 17, 2025.
The regulated area, as shown below, in figure 1, starts at the point in
position at 43[deg]41'26'' N, 070[deg]11'28'' W; then East along the
coast of the Falmouth side of Cow Island to a point in position of
43[deg]41'45'' N, 070[deg]11'04'' W; then Northwest to a point in
position of 43[deg]41'53'' N, 070[deg]11'18'' W; then Southeast to a
point in position of 43[deg]41'34'' N, 070[deg]11'41'' W; and then to
point of origin 43[deg]41'26'' N, 070[deg]11'28'' W expressed in
Degrees ([deg]) Minutes (') Seconds ('') (DMS) based on North American
Datum 1983 (NAD 83).
The regulated area will mainly serve as a spectator zone but will
also include two transit areas where stopping, fishing, mooring,
anchoring, or loitering is prohibited at all times. The first transit
area will run parallel to the concert stage barge, extending the entire
length of the spectator zone, with a width of 240 feet. The second
transit area will run down the center of the spectator area,
perpendicular to the concert stage barge, with a width of 240 feet.
These transit areas will allow vessels to enter and exit the spectator
zone from all sides and provide access for emergency vessels.
[[Page 39331]]
[GRAPHIC] [TIFF OMITTED] TR15AU25.012
The temporary SLR will prohibit swimming in the entire regulated
area. Additionally, all vessels must follow a ``Slow-No Wake'' speed
limit, meaning they cannot create a wake and cannot exceed speeds of
five (5) knots unless a higher speed is needed to maintain control.
This regulation is in place to ensure the safety of vessels and people
before, during, and after the concert.
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.
A. Regulatory Planning and Review
Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review) 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. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility.
The Office of Management and Budget (OMB) has not designated this
rule a ``significant regulatory action,'' under section 3(f) of
Executive Order 12866. Accordingly, OMB has not reviewed it.
This regulatory action determination is based on size, location,
and duration and time-of-day of the event. This rule involves a special
local regulation lasting approximately 5 hours (12:30 p.m.-5:30 p.m.)
and impacting a certain area of Casco Bay, Cow Island, ME. Moreover,
the Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the regulated area.
B. Impact on Small Entities
The regulatory flexibility analysis provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules not
subject to notice and comment. As the Coast Guard has, for good cause,
waived the notice and comment requirement that would otherwise apply to
this rulemaking, the Regulatory Flexibility Act's flexibility analysis
provisions do not apply here.
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 will 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
[[Page 39332]]
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 This
proposed rule involves establishing a special local regulation lasting
for 5 hours on a day in August that will restrict movement in a certain
area of Casco Bay, Cow Island, ME for the duration of the marine event.
It is categorically excluded from further review under paragraph L61 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.
List of Subjects in 33 CFR Part 100
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
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: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T0199-0519 to read as follows:
Sec. 100.T0199-0519 Special Local Regulation; Casco Bay, Cow Island,
Long Island, ME.
(a) Regulated area. All navigable waters of Casco Bay near the
Falmouth side of Cow Island, Long Island, ME, within in a polygon
bounded by the following: originating at a point in position at
43[deg]41'26'' N, 070[deg]11'28'' W; then East along the coast of Cow
Island to a point in position of 43[deg]41'45'' N, 070[deg]11'04'' W;
then Northwest to a point in position of 43[deg]41'53'' N,
070[deg]11'18'' W; then Southeast to a point in position of
43[deg]41'34'' N, 070[deg]11'41'' W; and then to point of origin
43[deg]41'26'' N, 070[deg]11'28'' W. These coordinates are based on
World Geodetic System (WGS 84).
(1) Spectator area. All navigable waters of Casco Bay near the
Falmouth side of Cow Island, Long Island, ME, as described in paragraph
(a) of this section.
(2) Transit areas. As shown in figure 1 to this paragraph (a)(2), a
transit area will run adjacent and parallel to the concert stage barge,
extending through the entire spectator area with a width of 240'.
Another transit area will run down the center of the spectator area,
perpendicular to the concert stage barge.
Figure 1 to Paragraph (a)(2)--Chartlet Showing the Layout of the
Special Local Regulation
[GRAPHIC] [TIFF OMITTED] TR15AU25.013
(b) Definitions. As used in this section--
Captain of the Port Representative or COTP Representative means a
commissioned, warrant, or petty officer of the Coast Guard designated
by name by the Captain of the Port to verify an
[[Page 39333]]
event's compliance with the conditions of its approved permit.
Event Patrol Commander or Event PATCOM means a commissioned,
warrant, or petty officer of the Coast Guard who has been designated by
the respective Coast Guard Sector--Captain of the Port to enforce the
regulations in paragraph (d) of this section.
Official patrol vessel or official patrol means any vessel assigned
or approved by the respective Captain of the Port with a commissioned,
warrant, or petty officer on board and displaying a Coast Guard ensign,
or any state or local law enforcement vessel approved by the Captain of
the Port in accordance with current local agreements.
Spectator area means an area bound by coordinates provided in
latitude and longitude within the regulated area that outlines the
boundary of an area reserved for spectator vessels watching the
concert.
Transit area means an area that is designated lane within the
regulated area described in paragraph (a) of this section where vessels
are allowed to travel through safely.
(c) Patrol of the marine event. The COTP may assign one or more
official patrol vessels, as described in Sec. 100.40, to the regulated
event. The Event PATCOM will be designated to oversee the patrol. The
patrol vessel and the Event PATCOM may be contacted on VHF-FM Channel
16. The Event PATCOM may terminate the event at any time if deemed
necessary for the protection of life or property.
(d) Regulations. (1) All persons are prohibited from swimming in
the regulated area described in paragraph (a) of this section.
(2) Any vessel transiting through a transit area must make a direct
passage. No vessel may stop, fish, moor, anchor, or loiter within a
transit area at any time.
(3) Entry and movement within the regulated area is subject to a
``Slow-No Wake'' speed limit. All vessels may not produce a wake and
may not attain speeds greater than five (5) knots unless a higher
minimum speed is necessary to maintain bare steerageway.
(4) To contact the Captain of the Port Representative or Official
patrol vessel via VHF-FM marine channel 16 or by contacting the Coast
Guard Sector Northern New England Command Center at (833) 449-2407.
Those in the regulated area must comply with all lawful orders or
directions given to them by the Captain of the Port Representative or
Official patrol vessel.
(e) Enforcement period. This section is in effect from 12:30 p.m.
August 16, 2025, to 5:30 p.m. August 17, 2025. It will only be subject
to enforcement, however, from 12:30 p.m. through 5:30 p.m. on Saturday,
August 16, 2025, unless the event is delayed because of weather
conditions, in which case it may be subject to enforcement of those
same hours on August 17, 2025.
Timothy McNamara,
Commander, U.S. Coast Guard, Acting Captain of the Port, Sector
Northern New England.
[FR Doc. 2025-15538 Filed 8-14-25; 8:45 am]
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