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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 2073475015, email Shaun.T.Doyle@
uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
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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 4a of the Administrative Procedure Act APA 5 U.S.C. 553b. 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.
553bB, 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 Guards 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. 553d3, 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
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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.

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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 VHFFM 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. 601612, 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.
605b 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 213a of the Small Business Regulatory Enforcement Fairness Act of 1996 Pub. L. 104121, 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 agencys responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1
888REGFAIR 18887343247. 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.

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