Rule2022-15576
Safety Zone; Fireworks Display, Boothbay Harbor, Boothbay, ME
Primary source
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Published
July 21, 2022
Effective
July 21, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 139 (Thursday, July 21, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="/cdn-cgi/l/email-protection#faa09b99929b8883d488d4ad9f8e809f96ba8f89999dd4979396"><span class="__cf_email__" data-cfemail="9dc7fcfef5fcefe4b3efb3caf8e9e7f8f1dde8eefefab3f0f4f1">[email protected]</span></a>.
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
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</html>Indexed from Federal Register on July 21, 2022.
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