Safety Zone; Tall Ships Boothbay Harbor 2021, Boothbay Harbor, ME, 33128-33130 [2021-13477]

Download as PDF 33128 Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations Information Bulletins (MSIBs) as appropriate. 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: Coast Guard, DHS. ACTION: Notice of enforcement of regulation. Dated: June 17, 2021. J.D. Cole, Captain, U.S. Coast Guard, Captain of the Port Charleston. J.W. Russell, Captain, U.S. Coast Guard, Captain of the Port, Marine Safety Unit Houma. [FR Doc. 2021–13310 Filed 6–23–21; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY PART 165—[REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS] Coast Guard 1. The authority citation for part 165 continues to read as follows: ■ khammond on DSKJM1Z7X2PROD with RULES Special Local Regulations; Patriot’s Point Fireworks; Mount Pleasant, SC area for the Patriot’s Point Fireworks Display, which encompasses a portion of the Cooper River at Patriot’s Point in Charleston, South Carolina. During the enforcement periods, as reflected in § 100.704(c)(1), if you are the operator of a vessel in the regulated area you must comply with directions of the COTP Charleston or from his designated representative, including the Patrol Commander or any Official Patrol displaying a Coast Guard ensign. In addition to this notice of enforcement in the Federal Register, the Coast Guard plans to provide notification of this enforcement period via the Local Notice to Mariners, Broadcast Notice to Mariners, and onscene designated representatives. 33 CFR Part 165 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. [Docket No. USCG–2021–0367] ■ 2. Add § 165.T08–0430 to read as follows: AGENCY: § 165.T08–0430 Safety Zone; South Timbalier Block 22, Gulf of Mexico, Port Fourchon, LA. SUMMARY: (a) Location. The following area is a safety zone: all navigable waters within a one nautical mile radius of the capsized vessel and emergency response operations taking place at 29°00′25.7877″ N, 090°11′52.9852″ W. (b) Effective period. This section is effective without actual notice from June 24, 2021 through August 02, 2021. For the purposes of enforcement, actual notice will be used from June 15, 2021 until June 24, 2021. (c) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, entry into or remaining within this zone is prohibited unless authorized by the Captain of the Port Marine Safety Unit (COTP) or designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard assigned to units under the operational control of USCG Marine Safety Unit Houma. (2) Vessels requiring entry into this safety zone must request permission from the COTP or a designated representative. They may be contacted on VHF–FM Channel 16 or 67 or by telephone at (985) 665–2437. (3) Persons and vessels permitted to enter this safety zone must transit at their slowest safe speed and comply with all lawful directions issued by COTP or the designated representative. (e) Information broadcasts. The COTP or a designated representative will inform the public of the enforcement times and date for this safety zone through Broadcast Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or Marine Safety VerDate Sep<11>2014 16:01 Jun 23, 2021 Jkt 253001 The Coast Guard will enforce a special local regulation for the Patriot’s Point Fireworks Display on July 4, 2021 from 8 p.m. until 10 p.m., to provide for the safety of life on navigable waterways during the event. The Coast Guard will enforce a temporary safety zone during the Patriot’s Point Fireworks Display occurring on the bank of the Cooper River at Patriot’s Point, in Charleston, South Carolina. The temporary safety zone is necessary to protect vessels, spectators, and the general public during the event. During the enforcement period, no person or vessel may enter, transit through, anchor in, or remain within the designated area unless authorized by the Captain of the Port Charleston (COTP) or a designated representative. DATES: The regulation in 33 CFR 100.704, Table 1 to § 100.704, Item No. (6), will be enforced from 8 p.m. until 10 p.m. on July 4, 2021. FOR FURTHER INFORMATION CONTACT: If you have questions about this proposed rulemaking, call or email Lieutenant Commander Chad Ray, Sector Charleston Office of Waterways Management, Coast Guard; telephone (843) 740–3184, email Chad.L.Ray@ uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special local regulation in 33 CFR 100.704, Table 1 to § 100.704, Item No. (6), for the Patriot’s Point Fireworks Display on July 4, 2021 from 8 p.m. to 10 p.m. This action is being taken to provide for the safety of life on navigable waterways during this event. The regulation in § 100.704, Table 1 to § 100.704, Item No. (6), specifies the location of the regulated PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 [FR Doc. 2021–13254 Filed 6–23–21; 8:45 am] BILLING CODE 9110–04–P 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 Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: 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 https:// www.regulations.gov, type USCG–2021– 0166 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Next, in the Document SUMMARY: E:\FR\FM\24JNR1.SGM 24JNR1 Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations 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 Shaun.T.Doyle@ uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations khammond on DSKJM1Z7X2PROD with RULES CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § 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 VerDate Sep<11>2014 16:01 Jun 23, 2021 Jkt 253001 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). PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 33129 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. E:\FR\FM\24JNR1.SGM 24JNR1 33130 Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations 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. khammond on DSKJM1Z7X2PROD with RULES 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, VerDate Sep<11>2014 16:01 Jun 23, 2021 Jkt 253001 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 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. (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 onscene 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] ■ 2. Add § 165.T01–0166 to read as follows: BILLING CODE 9110–04–P § 165.T01–0166 Safety Zone; Tall Ships Boothbay Harbor 2021, Boothbay Harbor, Maine. DEPARTMENT OF HOMELAND SECURITY (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. Coast Guard PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 33 CFR Part 165 [Docket No. USCG–2021–0371] RIN 1625–AA00 Safety Zone; Oakland Crane Arrival, San Francisco Bay, Oakland, CA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone on the navigable waters of the San Francisco Bay during the transit of the M/V ZHEN HUA 26, scheduled to arrive between June 24, 2021 and July 8, 2021. This safety zone is necessary to protect personnel, vessels, and the marine environment from hazards associated with the ship-to-shore gantry crane, which will extend more than 215 feet out from the transiting vessel and affect the vessel’s stability condition. Unauthorized persons or vessels are prohibited from entering into, transiting SUMMARY: E:\FR\FM\24JNR1.SGM 24JNR1

Agencies

[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 [www.gpo.gov]
[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.

-----------------------------------------------------------------------

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 https://www.regulations.gov, 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 
[email protected].

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