[Federal Register: July 29, 2008 (Volume 73, Number 146)]
[Rules and Regulations]
[Page 43868-43871]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29jy08-7]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0695]
RIN 1625-AA00
Safety Zone; Maine; Sector Northern New England August Swim
Events.
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary safety zones during
the month of August around the ``Sprucewold Cabbage Island Swim,''
``Tri for a Cure Triathlon,'' ``Greater Burlington YMCA Lake Swim,''
``Y-Tri Triathlon,'' and ``Rockland Breakwater Swim'' marine events
while the events are in progress. These safety zones are needed to
protect swimmers, event sponsors' safety vessels, and others in the
maritime community from the safety hazards that may arise from events
of
[[Page 43869]]
this type. Entry into these safety zones is prohibited unless
authorized by the Captain of the Port Sector Northern New England.
DATES: This rule is effective from August 9 through August 23, 2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0695 and are available online
at www.regulations.gov. They are also available for inspection or
copying two locations: the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays, and at U.S. Coast
Guard Sector Northern New England, 259 High Street, South Portland, ME
04106 between the hours of 8 a.m. and 4 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call LT Jarrett Bleacher, U.S. Coast Guard Sector
Northern New England, Waterways Management Division, at (207) 741-5421.
If you have questions on viewing the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
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. The logistics of these events were not
provided to the Coast Guard with sufficient time to publish a NPRM and
still ensure that this temporary final rule would be effective by
August 9, 2008, the start of the events. These safety zones are needed
to protect the event participants and maritime public by ensuring that
large numbers of swimmers remain separate and safe from vessel traffic.
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. Immediately implementing this rule
promotes the public interest by protecting the maritime public and
participants.
Background and Purpose
The ``Greater Burlington YMCA Lake Swim,'' ``Tri for a Cure,'' ``Y-
Tri Triathlon Swim,'' ``Sprucewold Cabbage Island Swim,'' and
``Rockland Breakwater Swim'' are annual marine swimming events held in
the month of August. This rule creates safety zones from 8 a.m. to 6
p.m. EDT on August 9, 2008 for 33 CFR 165.T01-0695(a) (``Greater
Burlington YMCA Lake Swim''), 7:30 a.m. to 9:30 a.m. EDT on August 9,
2008 for 33 CFR 165.T01-0695(b) (``Tri for a Cure''), 9 a.m. to 10 a.m.
EDT on August 9, 2008 for 33 CFR 165.T01-0695(c) (``Y-Tri Triathlon''),
3 p.m. to 4 p.m. EDT on August 9, 2008 for 33 CFR 165.T01-0695(d)
(``Sprucewold Cabbage Island Swim''), and 10 a.m. to 12 p.m. on August
23, 2008 for 33 CFR 165.T01-0695(e) (``Rockland Breakwater Swim'').
Discussion of Rule
This rule establishes fixed safety zones for each of these events
in the locations and at the times listed in the regulatory text. During
the effective period of the safety zones, vessel traffic will be
prohibited from entering the affected locations during the marine
events, unless specifically authorized by the Captain of the Port
Sector Northern New England. These safety zones are needed to safeguard
the maritime public and the participants from the hazards associated
with this type of large scale swimming event.
The Captain of the Port anticipates negligible negative impact on
vessel traffic from these temporary safety zones as they will be in
effect only for a short duration. The zones are not expected to affect
commercial vessels transiting in or out of the port. The zones around
the events will only be enforced while the participants are in the
water. The enhanced safety to life and property provided by this rule
greatly outweighs any potential negative impacts. Public notifications
will be made during the entire effective period of these safety zones
via marine information broadcasts.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
The Coast Guard expects the economic impact of this rule to be so
minimal that a full regulatory evaluation is unnecessary. The effect of
this rule will not be significant for the following reasons: the safety
zones will be of limited duration; the events are designed to avoid, as
much as practicable, deep draft, fishing, and recreational boating
traffic routes; vessels may be authorized to transit the zone with
permission of the COTP; and, advance notice of the zones will be
provided via marine broadcast.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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.
This rule may affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
the safety zones. However, this rule will not have a significant
economic impact on a substantial number of small entities due to the
minimal time that vessels will be restricted from the areas, the ample
space available for vessels to maneuver and navigate around the zones,
and advance notifications will be made to the local community by marine
information broadcasts.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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
[[Page 43870]]
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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 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.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded,
under the Instruction, that there are no factors in this case that
would limit the use of a categorical exclusion under section 2.B.2 of
the Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation.
A final environmental analysis checklist and a final categorical
exclusion determination are available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
0
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: 33 U.S.C. 1226, 1231; 46 U.S.C. 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add temporary Sec. 165.T01-0695 to read as follows:
Sec. 165.T01-0695 Safety Zone; Maine; Sector Northern New England
August Swim Events.
(a) The following area is a fixed safety zone for the ``Greater
Burlington YMCA Lake Swim'':
(1) Location. All waters in Lake Champlain in the vicinity of North
Hero Island enclosed by an area from shore to shore starting at
latitude 44[deg]46'55''N, longitude 73[deg]22'14''W; thence to latitude
44[deg]47'08''N, longitude 73[deg]19'05''W; from latitude
44[deg]46'48''N, longitude 73[deg]17'13''W; thence to latitude
44[deg]46'09''N, longitude 73[deg]16'39''W; and from latitude
44[deg]41'08''N, longitude 73[deg]20'58''W thence to latitude
44[deg]41'36''N, longitude 73[deg]23'01''W.
(2) Effective Date. This rule will be enforced from 8 a.m. to 6
p.m. on August 9, 2008.
(b) The following area is a fixed safety zone for the ``Tri for a
Cure Triathlon'':
(1) Location. All waters in the vicinity of Spring Point in
Portland Harbor, Maine enclosed by a box starting at latitude
43[deg]39'05''N, longitude 70[deg]13'42''W; thence to latitude
43[deg]39'08''N, longitude 70[deg]13'39''W; thence to latitude
43[deg]39'07''N, longitude 70[deg]13'27''W thence to the point of
beginning.
(2) Effective Date. This rule will be enforced from 7:30 a.m. to
9:30 a.m. on August 9, 2008.
(c) The following area is a fixed safety zone for the ``Y-Tri
Triathlon'':
[[Page 43871]]
(1) Location. All waters in the vicinity of Point Au Roche State
Park in Plattsburgh, New York, enclosed by a box starting at latitude
44[deg]46'30''N, longitude 73[deg]23'26''W; thence to latitude
44[deg]46'17''N, longitude 73[deg]23'26''W; thence to latitude
44[deg]46'17''N, longitude 73[deg]23'46''W; thence to latitude
44[deg]46'29''N, longitude 73[deg]23'46''W; thence to the point of
beginning.
(2) Effective Date. This rule will be enforced from 9 a.m. to 10
a.m. on August 9, 2008.
(d) The following area is a fixed safety zone for the ``Sprucewold
Cabbage Island Swim'':
(1) Location. All waters in the vicinity of Linekin Bay between
Cabbage Island and Sprucewold Beach in Boothbay Harbor, Maine enclosed
by a box starting at latitude 43[deg]50'37''N, longitude
69[deg]36'23''W; thence to latitude 43[deg]50'37''N, longitude
69[deg]36'59''W; thence to latitude 43[deg]50'16''N, longitude
69[deg]36'46''W; thence to latitude 43[deg]50'22''N, longitude
69[deg]36'21''W; thence to the point of beginning.
(2) Effective Date. This rule will be enforced from 3 p.m. to 4
p.m. on August 9, 2008.
(e) The following area is a fixed safety zone for the ``Rockland
Breakwater Swim'':
(1) Location. All waters in the vicinity of Rockland Breakwater in
Rockland Harbor, Maine enclosed by a box starting at latitude
44[deg]06'16''N, longitude 69[deg]04'39''W; thence to latitude
44[deg]06'14''N, longitude 69[deg]04'36''W; thence to latitude
44[deg]06'13''N, longitude 69[deg]04'41''W; thence to latitude
44[deg]06'16''N, longitude 69[deg]04'42''W; thence to latitude
44[deg]06'16''N, longitude 69[deg]04'40''W.
(2) Effective Date. This rule will be enforced from 10 a.m. to 12
p.m. on August 23, 2008.
(f) Definition: As used in this section, designated representative
means any Coast Guard commissioned, warrant, or petty officer, or any
federal, state, or local law enforcement officer authorized to enforce
this regulation on behalf of the Coast Guard Captain of the Port(COTP).
(g) Regulations. (1) In accordance with the general regulations in
165.23 of this part, entry into or movement within this zone by any
person or vessel is prohibited unless authorized by the COTP Sector
Northern New England or the COTP's designated representative.
(2) Vessel operators desiring to enter or operate within the safety
zones may contact the COTP or the COTP's designated representative for
permission at telephone number 207-767-0303, on VHF Channel 13 (156.7
MHz), or VHF channel 16 (156.8 MHz). If permission is granted, all
persons and vessels must comply with the instructions provided by the
COTP or the COTP's designated representative.
Dated: July 16, 2008.
J.B. McPherson,
Captain, U.S. Coast Guard, Captain of the Port, Sector Northern New
England.
[FR Doc. E8-17292 Filed 7-28-08; 8:45 am]
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