Rule2021-13477
Safety Zone; Tall Ships Boothbay Harbor 2021, Boothbay Harbor, ME
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 24, 2021
Effective
June 25, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 119 (Thursday, June 24, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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
<a href="/cdn-cgi/l/email-protection#1d4e757c687333493359726471785d686e7e7a33707471"><span class="__cf_email__" data-cfemail="f0a39891859edea4deb49f899c95b085839397de9d999c">[email protected]</span></a>.
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.
[[Page 33130]]
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]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on June 24, 2021.
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