Safety Zones; Fireworks Displays in Boothbay Harbor, South Gardiner, and Woolwich, ME, 32075-32078 [E9-15874]
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Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Rules and Regulations
Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA, 98057;
telephone (425) 203–4537.
SUPPLEMENTARY INFORMATION:
History
On April 15, 2009, the FAA published
in the Federal Register a notice of
proposed rulemaking to establish
additional controlled airspace at Twin
Falls, ID (74 FR 17441). Interested
parties were invited to participate in
this rulemaking effort by submitting
written comments on the proposal to the
FAA. No comments were received.
Class E airspace designations are
published in paragraph 6005 of FAA
Order 7400.9S signed October 3, 2008,
and effective October 31, 2008, which is
incorporated by reference in 14 CFR
part 71.1. The Class E airspace
designations listed in this document
will be published subsequently in that
Order.
The Rule
This action amends Title 14 Code of
Federal Regulations (14 CFR) part 71 by
amending the Class E airspace at Twin
Falls, ID. Additional controlled airspace
is necessary to accommodate IFR
aircraft executing a new VOR approach
procedure at Twin Falls Joslin Field—
Magic Valley Regional, Twin Falls, ID.
The FAA has determined this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. Therefore, this regulation: (1) Is
not a ‘‘significant regulatory action’’
under Executive Order 12866; (2) is not
a ‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this rule, when
promulgated, will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the U.S. Code. Subtitle 1,
Section 106, discusses the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the agency’s
authority. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
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14:44 Jul 06, 2009
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safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it establishes
additional controlled airspace at Twin
Falls Joslin Field—Magic Valley
Regional, Twin Falls, ID.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
■
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of the Federal Aviation
Administration Order 7400.9S, Airspace
Designations and Reporting Points,
signed October 3, 2008, and effective
October 31, 2008 is amended as follows:
■
Paragraph 6005. Class E airspace areas
extending upward from 700 feet or more
above the surface of the earth.
*
*
*
*
*
ANM ID E5 Twin Falls, ID [Modified]
Twin Falls Joslin Field—Magic Valley
Regional, ID
(Lat. 42°28′55″ N., long. 114°29′16″ W.)
Twin Falls VORTAC
(Lat. 42°28′47″ N., long. 114°29′22″ W.)
That airspace extending upward from 700
feet above the surface within 10.5 miles north
and 4.3 miles south of the Twin Falls
VORTAC 086° radial extending 26.1 miles
east, and within 4.3 miles each side of the
VORTAC 156° radial extending from the
VORTAC to 8.3 miles southeast of the
VORTAC, and within 10.3 miles north and
7.3 miles south of the VORTAC 281° radial
extending 20 miles west; that airspace
extending upward from 1,200 feet above the
surface bounded on the northeast by a line
beginning at the intersection of long.
114°01′03″ W. and V–500, extending south
along long. 114°01′03″ W., to V–269,
southwest along V–269 to the 18.3-mile
radius of the Twin Falls VORTAC, thence
clockwise via the 18.3-mile radius to V–484,
northwest along V–484 to the 14.4-mile
radius of the Twin Falls VORTAC, thence
clockwise along the 14.4-mile radius to
V–293, southwest along V–293 to the
intersection of V–293 and long. 115°00′00″
W., thence north along long. 115°00′00″ W.
to a point 7.9 miles southwest of V–253,
thence northwest and parallel to V–253 for
25.9 miles, thence to the intersection of
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V–4, V–253, and V–330, east along V–330 to
V–293, north along V–293 to V–500, then to
the point of beginning; excluding that
airspace within Federal airways.
*
*
*
*
*
Issued in Seattle, Washington, on June 26,
2009.
H. Steve Karnes,
Acting Manager, Operations Support Group,
Western Service Center.
[FR Doc. E9–15873 Filed 7–6–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–0526]
RIN 1625–AA00
Safety Zones; Fireworks Displays in
Boothbay Harbor, South Gardiner, and
Woolwich, ME
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing five temporary safety zones
for the ‘‘Windjammer Days Fireworks’’,
the ‘‘Boothbay Harbor Fourth of July
Fireworks’’, the ‘‘Heritage Days
Fireworks’’, the ‘‘Westerlund’s Landing
Party Fireworks’’, and the ‘‘Town of
Woolwich 250th Celebration’’ in the
towns of Boothbay Harbor, South
Gardiner, and Woolwich, Maine. These
temporary safety zones are necessary to
provide for the safety of life on the
navigable waters by prohibiting
spectators, vessels, and other users of
the waterway from entering an area
surrounding the fireworks launch site
due to the hazards associated with
fireworks displays.
DATES: This rule is effective from 8 p.m.
on June 24, 2009 until 10 p.m. on
August 3, 2009.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2009–
0526 and are available online by going
to https://www.regulations.gov, selecting
the Advanced Docket Search option on
the right side of the screen, inserting
USCG–2009–0526 in the Docket ID box,
pressing Enter, and then clicking on the
item in the Docket ID column. They are
also available for inspection or copying
at 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.
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and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or e-mail BMC Randy Bucklin,
Coast Guard Sector Northern New
England, Waterways Management
Division; telephone 207–741–5440, email Randy.Bucklin@uscg.mil. 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 because a
notice and comment period would be
impracticable due to the time
constraints resulting from the
immediacy of the upcoming events. The
Coast Guard did not receive notification
of the exact location or proposed dates
for the fireworks events in sufficient
time to issue a NPRM for this
rulemaking. Further, the expeditious
implementation of this rule is in the
public interest because it will help
ensure the safety of those involved in
displaying the fireworks, the spectators,
and users of the waterway during the
fireworks events. Finally, a delay or
cancellation of the fireworks events in
order to accommodate a notice and
comment period is contrary to the
public’s interest in this event occurring
as scheduled.
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. As noted above, the Coast
Guard finds that it is both impractical
and contrary to public interest to delay
the effective date of this rule for 30 days
after publication. Immediate action is
needed in order to ensure the safety of
the fireworks display crew, spectators
and users of the waterway. The public
will likely have close to 30 days notice
after publication in the Federal Register
for the two events scheduled in August,
specifically the Westerlund’s Landing
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Party Fireworks and the Town of
Woolwich 250th Celebration Fireworks.
Background and Purpose
The ‘‘Windjammer Days Fireworks’’,
the ‘‘Boothbay Harbor Fourth of July
Fireworks’’, the ‘‘Heritage Days
Fireworks’’, the ‘‘Westerlund’s Landing
Party Fireworks’’, and the ‘‘Town of
Woolwich 250th Celebration’’ are
annual marine fireworks events held in
the months of June, July, and August, in
the towns of Boothbay Harbor, South
Gardiner, and Woolwich Maine.
These regulations will establish fixed
safety zones around the perimeter of the
affected portions of Boothbay Harbor,
Woolwich, and South Gardiner
waterways. These safety zones are
designed to protect spectators and
vessels from the hazards associated with
fireworks displays, and to protect the
sponsors from the dangers of nearby
vessel traffic by preventing entry into
the zone during the enforcement time
unless prior authorization is received by
the Coast Guard Captain of the Port
Northern New England. Hazards include
the explosive and flammable nature of
the fireworks and the risks to persons
and property that could come in contact
with burning material as well as the
associated high noise level to those in
close proximity to the explosions.
Discussion of Rule
This rule creates the following
temporary safety zones: ‘‘Windjammer
Days Fireworks’’: All navigable waters
of Boothbay Harbor within a 500 yard
radius of the fireworks launch site in the
vicinity of Clam Rock in approximate
location latitude 43°50′38″ N, longitude
069°37′57″ W. This safety zone will be
enforced from 8 p.m. to 10 p.m. on June
24, 2009 with a rain date of July 4, 2009;
‘‘Boothbay Harbor Fourth of July
Fireworks’’: All navigable waters of
Boothbay Harbor within a 500 yard
radius of the fireworks launch site
within the vicinity of Clam Rock in
approximate location latitude 43°50′38″
N, longitude 069°37′57″ W. This safety
zone will be enforced from 8 p.m. to 10
p.m. on July 5, 2009 with a rain date of
July 6, 2009;
‘‘Heritage Days Fireworks’’: All
navigable waters of the Kennebec River
within a 500 yard radius of the
fireworks launch site in the vicinity of
Reed and Reed Boat Yard, Woolwich,
Maine in approximate location latitude
43°54′56″ N, longitude 069°48′16″ W.
This safety zone will be enforced from
8 p.m. to 10:30 p.m. on August 1, 2009
with a rain date of August 2, 2009;
‘‘Westerlund’s Landing Party
Fireworks’’: All navigable waters of the
Kennebec River within a 500 yard
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radius of the fireworks launch site in the
vicinity of Nehumkeag Island, South
Gardiner, Maine in approximate
position latitude 44°10′19.56″ N,
longitude 069°45′24.68″ W. This safety
zone will be enforced from 9 p.m. to 10
p.m. on August 2, 2009 with a rain date
of August 3, 2009;
‘‘Town of Woolwich 250th
Celebration’’: All navigable waters of the
Kennebec River within 500 yards of the
fireworks launch site in the vicinity of
Reed and Reed Dockyard, Woolwich,
Maine in approximate location latitude
43°54′59.06″ N, longitude 069°48′16.23″
W. This safety zone will be enforced
from 9 p.m. to 10 p.m. on August 2,
2009 with a rain date of August 3, 2009.
During the times when the safety
zones are in effect, vessel traffic will be
restricted within the affected locations.
Entry into these zones by any person or
vessel will be prohibited unless
specifically authorized by the Captain of
the Port Northern New England, or his
designated representatives.
The Coast Guard has determined that
the safety zones will not have a
significant impact on commercial vessel
traffic due to the temporary nature of
the zones’ time and scope. The zones
have been limited to the areas
surrounding the events and they will be
enforced only during the times of the
fireworks displays. Public notifications
will be made via marine information
broadcasts during the effective period of
these safety zones.
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 determined that this
rule is not a significant regulatory action
for the following reasons: The safety
zones will be of limited duration, cover
only a small portion of the navigable
waterways and the events are designed
to avoid, to the extent practicable, deep
draft, fishing, and recreational boating
traffic routes. In addition, vessels may
be authorized to transit the zone with
permission of the Captain of the Port
Northern New England; and maritime
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advisories will be broadcast during the
duration of the enforcement periods.
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 will affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to transit or anchor in
the designated safety zones during the
enforcement periods stated above.
The safety zones will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: The safety zones
are of limited size and of short duration
and vessels that can safely do so may
navigate in all other portions of the
waterways except for the area
designated as a safety zone.
Additionally, before the enforcement
periods, the Coast Guard will issue
maritime advisories via marine
broadcasts and advisories.
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).
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
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.
Assistance for Small Entities
Civil Justice Reform
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
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.
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.
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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
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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
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
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 this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves the establishment of safety
zones. An environmental analysis
checklist and a categorical exclusion
determination will be available for
review in the docket where indicated
under ADDRESSES.
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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 amends 33
CFR part 165 as follows:
■
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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, 6.04–1, 6.04–6, 160.5; Pub. L. 107–
295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
2. Add temporary § 165.T01–0526 to
read as follows:
■
§ 165.T01–0526 Temporary Safety Zones
for Fireworks Displays in Boothbay Harbor,
South Gardiner, and Woolwich ME
(a) Locations. The following areas are
temporary safety zones:
(1) For the ‘‘Windjammer Days
Fireworks’’: all navigable waters of
Boothbay Harbor within a 500 yard
radius of the fireworks launch site in the
vicinity of Clam Rock in approximate
location latitude 43°50′38″ N, longitude
069°37′57″ W.
(2) For the ‘‘Boothbay Harbor Fourth
of July Fireworks’’: all navigable waters
of Boothbay Harbor within a 500 yard
radius of the fireworks launch site in the
vicinity of Clam Rock in approximate
location latitude 43°50′38″ N, longitude
069°37′57″ W.
(3) For the ‘‘Heritage Days Fireworks’’:
all navigable waters of the Kennebec
River within a 500 yard radius of the
fireworks launch site in the vicinity of
Reed and Reed Boat Yard, Woolwich,
Maine enclosed by an area starting at
latitude 43°54′56″ N, longitude
069°48′16″ W.
(4) For the ‘‘Westerlund’s Landing
Party Fireworks’’: all navigable waters of
the Kennebec River within a 500 yard
radius of the fireworks launch site in the
vicinity of Nehumkeag Island, South
Gardiner, Maine enclosed by an area
starting at latitude 44°10′19.56″ N,
longitude 069°45′24.68″ W.
(5) For the ‘‘Town of Woolwich 250th
Celebration’’: all navigable waters of the
Kennebec River within a 500 yard
radius of the fireworks launch site in the
vicinity of Reed and Reed Dockyard,
Woolwich, Maine enclosed by an area
starting at latitude 43°54′59″ N,
longitude 069°48′16″ W.
(b) Enforcement Period. The
temporary safety zones will be enforced
during the following dates and times:
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(1) For the ‘‘Windjammer Days
Fireworks’’: June 24, 2009 (Rain Date:
July 4, 2009), between 8 p.m. to 10 p.m.
(2) For the ‘‘Boothbay Harbor Fourth
of July Fireworks’’: July 4, 2009 (Rain
Date: July 5, 2009), between 8 p.m. to 10
p.m.
(3) For the ‘‘Heritage Days Fireworks’’:
July 5, 2009 (Rain Date: July 6, 2009),
between 8 p.m. to 10 p.m.
(4) For the ‘‘Westerlund’s Landing
Party Fireworks’’: August 1, 2009 (Rain
Date: August 2, 2009), between 8 p.m.
to 10:30 p.m.
(5) For the ‘‘Town of Woolwich 250th
Celebration’’ August 2, 2009 (Rain Date:
August 3, 2009), between 9 p.m. to 10
p.m.
(c) Regulations.
(1) During the enforcement period,
entry into, transiting, remaining within
or anchoring in these safety zones is
prohibited unless authorized by the
Captain of the Port Northern New
England or his designated
representatives.
(2) These safety zones are closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Northern New England or his
designated representatives.
(3) The ‘‘designated representative’’ is
any Coast Guard commissioned,
warrant, or petty officer who has been
designated by the Captain of the Port
Northern New England to act on his
behalf. The designated representative
will be aboard either a Coast Guard or
Coast Guard Auxiliary vessel.
(4) Vessel operators desiring to enter
or operate within the safety zones shall
contact the Captain of the Port Northern
New England or his designated
representative via VHF Channel 16 to
obtain permission to do so.
(5) Vessel operators given permission
to enter or operate in the safety zones
must comply with all directions given to
them by the Captain of the Port
Northern New England or his
designated representatives.
Dated: June 23, 2009.
B.J. Downey Jr.,
Commander, U.S. Coast Guard, Acting
Captain of the Port, Sector Northern New
England.
[FR Doc. E9–15874 Filed 7–6–09; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–0522]
RIN 1625–AA00
Safety Zone; San Clemente Island
Northwest Harbor August and
September Training; Northwest
Harbor, San Clemente Island, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a safety zone on the
navigable waters of the Northwest
Harbor of San Clemente Island in
support of the Naval Underwater
Detonation. This safety zone is
necessary to ensure non-authorized
personnel and vessels remain safe by
keeping clear of the hazardous area
during the training activity. Persons and
vessels are prohibited from entering
into, transiting through, or anchoring
within this safety zone unless
authorized by the Captain of the Port
(COTP) or his designated representative.
DATES: This rule is effective from
August 1, 2009 through September 30,
2009.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2009–
0522 and are available online by going
to https://www.regulations.gov, selecting
the Advanced Docket Search option on
the right side of the screen, inserting
USCG–2009–0522 in the Docket ID box,
pressing Enter, and then clicking on the
item in the Docket ID column. They are
also available for inspection or copying
at 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or e-mail Petty Officer Kristen
Beer, Waterways Management, U.S.
Coast Guard Sector San Diego, Coast
Guard; telephone 619–278–7262, e-mail
Kristen.A.Beer@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\07JYR1.SGM
07JYR1
Agencies
[Federal Register Volume 74, Number 128 (Tuesday, July 7, 2009)]
[Rules and Regulations]
[Pages 32075-32078]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-15874]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0526]
RIN 1625-AA00
Safety Zones; Fireworks Displays in Boothbay Harbor, South
Gardiner, and Woolwich, ME
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing five temporary safety zones
for the ``Windjammer Days Fireworks'', the ``Boothbay Harbor Fourth of
July Fireworks'', the ``Heritage Days Fireworks'', the ``Westerlund's
Landing Party Fireworks'', and the ``Town of Woolwich 250th
Celebration'' in the towns of Boothbay Harbor, South Gardiner, and
Woolwich, Maine. These temporary safety zones are necessary to provide
for the safety of life on the navigable waters by prohibiting
spectators, vessels, and other users of the waterway from entering an
area surrounding the fireworks launch site due to the hazards
associated with fireworks displays.
DATES: This rule is effective from 8 p.m. on June 24, 2009 until 10
p.m. on August 3, 2009.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2009-0526 and are available online
by going to https://www.regulations.gov, selecting the Advanced Docket
Search option on the right side of the screen, inserting USCG-2009-0526
in the Docket ID box, pressing Enter, and then clicking on the item in
the Docket ID column. They are also available for inspection or copying
at 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.
[[Page 32076]]
and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail BMC Randy Bucklin, Coast Guard Sector
Northern New England, Waterways Management Division; telephone 207-741-
5440, e-mail Randy.Bucklin@uscg.mil. 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 because a notice and comment period would be
impracticable due to the time constraints resulting from the immediacy
of the upcoming events. The Coast Guard did not receive notification of
the exact location or proposed dates for the fireworks events in
sufficient time to issue a NPRM for this rulemaking. Further, the
expeditious implementation of this rule is in the public interest
because it will help ensure the safety of those involved in displaying
the fireworks, the spectators, and users of the waterway during the
fireworks events. Finally, a delay or cancellation of the fireworks
events in order to accommodate a notice and comment period is contrary
to the public's interest in this event occurring as scheduled.
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. As noted above, the Coast Guard
finds that it is both impractical and contrary to public interest to
delay the effective date of this rule for 30 days after publication.
Immediate action is needed in order to ensure the safety of the
fireworks display crew, spectators and users of the waterway. The
public will likely have close to 30 days notice after publication in
the Federal Register for the two events scheduled in August,
specifically the Westerlund's Landing Party Fireworks and the Town of
Woolwich 250th Celebration Fireworks.
Background and Purpose
The ``Windjammer Days Fireworks'', the ``Boothbay Harbor Fourth of
July Fireworks'', the ``Heritage Days Fireworks'', the ``Westerlund's
Landing Party Fireworks'', and the ``Town of Woolwich 250th
Celebration'' are annual marine fireworks events held in the months of
June, July, and August, in the towns of Boothbay Harbor, South
Gardiner, and Woolwich Maine.
These regulations will establish fixed safety zones around the
perimeter of the affected portions of Boothbay Harbor, Woolwich, and
South Gardiner waterways. These safety zones are designed to protect
spectators and vessels from the hazards associated with fireworks
displays, and to protect the sponsors from the dangers of nearby vessel
traffic by preventing entry into the zone during the enforcement time
unless prior authorization is received by the Coast Guard Captain of
the Port Northern New England. Hazards include the explosive and
flammable nature of the fireworks and the risks to persons and property
that could come in contact with burning material as well as the
associated high noise level to those in close proximity to the
explosions.
Discussion of Rule
This rule creates the following temporary safety zones:
``Windjammer Days Fireworks'': All navigable waters of Boothbay Harbor
within a 500 yard radius of the fireworks launch site in the vicinity
of Clam Rock in approximate location latitude 43[deg]50[min]38[sec] N,
longitude 069[deg]37[min]57[sec] W. This safety zone will be enforced
from 8 p.m. to 10 p.m. on June 24, 2009 with a rain date of July 4,
2009; ``Boothbay Harbor Fourth of July Fireworks'': All navigable
waters of Boothbay Harbor within a 500 yard radius of the fireworks
launch site within the vicinity of Clam Rock in approximate location
latitude 43[deg]50[min]38[sec] N, longitude 069[deg]37[min]57[sec] W.
This safety zone will be enforced from 8 p.m. to 10 p.m. on July 5,
2009 with a rain date of July 6, 2009;
``Heritage Days Fireworks'': All navigable waters of the Kennebec
River within a 500 yard radius of the fireworks launch site in the
vicinity of Reed and Reed Boat Yard, Woolwich, Maine in approximate
location latitude 43[deg]54[min]56[sec] N, longitude
069[deg]48[min]16[sec] W. This safety zone will be enforced from 8 p.m.
to 10:30 p.m. on August 1, 2009 with a rain date of August 2, 2009;
``Westerlund's Landing Party Fireworks'': All navigable waters of
the Kennebec River within a 500 yard radius of the fireworks launch
site in the vicinity of Nehumkeag Island, South Gardiner, Maine in
approximate position latitude 44[deg]10[min]19.56[sec] N, longitude
069[deg]45[min]24.68[sec] W. This safety zone will be enforced from 9
p.m. to 10 p.m. on August 2, 2009 with a rain date of August 3, 2009;
``Town of Woolwich 250th Celebration'': All navigable waters of the
Kennebec River within 500 yards of the fireworks launch site in the
vicinity of Reed and Reed Dockyard, Woolwich, Maine in approximate
location latitude 43[deg]54[min]59.06[sec] N, longitude
069[deg]48[min]16.23[sec] W. This safety zone will be enforced from 9
p.m. to 10 p.m. on August 2, 2009 with a rain date of August 3, 2009.
During the times when the safety zones are in effect, vessel
traffic will be restricted within the affected locations. Entry into
these zones by any person or vessel will be prohibited unless
specifically authorized by the Captain of the Port Northern New
England, or his designated representatives.
The Coast Guard has determined that the safety zones will not have
a significant impact on commercial vessel traffic due to the temporary
nature of the zones' time and scope. The zones have been limited to the
areas surrounding the events and they will be enforced only during the
times of the fireworks displays. Public notifications will be made via
marine information broadcasts during the effective period of these
safety zones.
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 determined that this rule is not a significant
regulatory action for the following reasons: The safety zones will be
of limited duration, cover only a small portion of the navigable
waterways and the events are designed to avoid, to the extent
practicable, deep draft, fishing, and recreational boating traffic
routes. In addition, vessels may be authorized to transit the zone with
permission of the Captain of the Port Northern New England; and
maritime
[[Page 32077]]
advisories will be broadcast during the duration of the enforcement
periods.
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 will affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
transit or anchor in the designated safety zones during the enforcement
periods stated above.
The safety zones will not have a significant economic impact on a
substantial number of small entities for the following reasons: The
safety zones are of limited size and of short duration and vessels that
can safely do so may navigate in all other portions of the waterways
except for the area designated as a safety zone. Additionally, before
the enforcement periods, the Coast Guard will issue maritime advisories
via marine broadcasts and advisories.
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 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 Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, 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
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves the establishment of
safety zones. An environmental analysis checklist and a categorical
exclusion determination will be available for review in the docket
where indicated under ADDRESSES.
[[Page 32078]]
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, 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, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
0
2. Add temporary Sec. 165.T01-0526 to read as follows:
Sec. 165.T01-0526 Temporary Safety Zones for Fireworks Displays in
Boothbay Harbor, South Gardiner, and Woolwich ME
(a) Locations. The following areas are temporary safety zones:
(1) For the ``Windjammer Days Fireworks'': all navigable waters of
Boothbay Harbor within a 500 yard radius of the fireworks launch site
in the vicinity of Clam Rock in approximate location latitude
43[deg]50[min]38[sec] N, longitude 069[deg]37[min]57[sec] W.
(2) For the ``Boothbay Harbor Fourth of July Fireworks'': all
navigable waters of Boothbay Harbor within a 500 yard radius of the
fireworks launch site in the vicinity of Clam Rock in approximate
location latitude 43[deg]50[min]38[sec] N, longitude
069[deg]37[min]57[sec] W.
(3) For the ``Heritage Days Fireworks'': all navigable waters of
the Kennebec River within a 500 yard radius of the fireworks launch
site in the vicinity of Reed and Reed Boat Yard, Woolwich, Maine
enclosed by an area starting at latitude 43[deg]54[min]56[sec] N,
longitude 069[deg]48[min]16[sec] W.
(4) For the ``Westerlund's Landing Party Fireworks'': all navigable
waters of the Kennebec River within a 500 yard radius of the fireworks
launch site in the vicinity of Nehumkeag Island, South Gardiner, Maine
enclosed by an area starting at latitude 44[deg]10[min]19.56[sec] N,
longitude 069[deg]45[min]24.68[sec] W.
(5) For the ``Town of Woolwich 250th Celebration'': all navigable
waters of the Kennebec River within a 500 yard radius of the fireworks
launch site in the vicinity of Reed and Reed Dockyard, Woolwich, Maine
enclosed by an area starting at latitude 43[deg]54[min]59[sec] N,
longitude 069[deg]48[min]16[sec] W.
(b) Enforcement Period. The temporary safety zones will be enforced
during the following dates and times:
(1) For the ``Windjammer Days Fireworks'': June 24, 2009 (Rain
Date: July 4, 2009), between 8 p.m. to 10 p.m.
(2) For the ``Boothbay Harbor Fourth of July Fireworks'': July 4,
2009 (Rain Date: July 5, 2009), between 8 p.m. to 10 p.m.
(3) For the ``Heritage Days Fireworks'': July 5, 2009 (Rain Date:
July 6, 2009), between 8 p.m. to 10 p.m.
(4) For the ``Westerlund's Landing Party Fireworks'': August 1,
2009 (Rain Date: August 2, 2009), between 8 p.m. to 10:30 p.m.
(5) For the ``Town of Woolwich 250th Celebration'' August 2, 2009
(Rain Date: August 3, 2009), between 9 p.m. to 10 p.m.
(c) Regulations.
(1) During the enforcement period, entry into, transiting,
remaining within or anchoring in these safety zones is prohibited
unless authorized by the Captain of the Port Northern New England or
his designated representatives.
(2) These safety zones are closed to all vessel traffic, except as
may be permitted by the Captain of the Port Northern New England or his
designated representatives.
(3) The ``designated representative'' is any Coast Guard
commissioned, warrant, or petty officer who has been designated by the
Captain of the Port Northern New England to act on his behalf. The
designated representative will be aboard either a Coast Guard or Coast
Guard Auxiliary vessel.
(4) Vessel operators desiring to enter or operate within the safety
zones shall contact the Captain of the Port Northern New England or his
designated representative via VHF Channel 16 to obtain permission to do
so.
(5) Vessel operators given permission to enter or operate in the
safety zones must comply with all directions given to them by the
Captain of the Port Northern New England or his designated
representatives.
Dated: June 23, 2009.
B.J. Downey Jr.,
Commander, U.S. Coast Guard, Acting Captain of the Port, Sector
Northern New England.
[FR Doc. E9-15874 Filed 7-6-09; 8:45 am]
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