SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations

COTP Captain of the Port, Northern New England

DHS Department of Homeland Security

FR Federal Register

NPRM Notice of proposed rulemaking

SLR Special local regulation

TFR Temporary final rule

§ Section

U.S.C. United States Code

( printed page 52020)

II. Background Information and Regulatory History

On March 4, 2026, the event sponsor of the annual “Flotilla to Fight Cancer Benefit Concert” submitted an application under 33 CFR 100.15 to conduct the event. The offshore concert will take place in Casco Bay, on the Falmouth side of Cow Island, in the town of Long Island, ME for approximately five hours on August 15, 2026, with a rain date of August 16, 2026. The concert is a “regatta or marine parade,” an organized water event of limited duration which is conducted according to a prearranged schedule,” 33 CFR 100.05(a). The sponsor submitted the application under 33 CFR 100.15 because the event, by its nature, circumstances or location, will introduce extra or unusual hazards to the safety of life on the surrounding navigable waters.

After approving an application for a regatta or marine parade within his or her district or zone, the Captain of the Port (COTP) is authorized to promulgate such special local regulations (SLR) as he or she deems necessary to ensure safety of life on the navigable waters immediately prior to, during, and immediately after the approved regatta or marine parade. 33 CFR 100.35. Due to the high-profile nature of the offshore concert event, it is anticipated that sufficient spectator vessels and support craft will be present and to have the potential to cause vessel congestion in Casco Bay. The COTP, Sector Northern New England has therefore determined that potential hazards associated with the offshore concert, such as collisions or bottlenecks in case of emergency evacuation, would be a safety concern for anyone within the concert area and adjacent navigable waters, and is therefore establishing these SLRs.

The Coast Guard is issuing this temporary rule without prior notice and comment. As authorized by 5 U.S.C. 553(b)(B), the Coast Gurd finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable to process the event application, publish an NPRM, respond to comments, and publish a final rule by August 15, 2026 to protect spectators and mariners at the event.

For the same reasons, the Coast Guard finds that under 5 U.S.C. 553(d)(3), 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 by 30 days is impracticable because the rule will expire in less than 30 days.

III. Legal Authority and Need for Rule

The Coast Guard is issuing this rule under authority in 46 U.S.C. 70041. The COTP has determined that this rule is needed to protect spectators, mariners, vessels, and the marine environment from the hazards associated with the offshore concert event.

IV. Discussion of the Rule

The Coast Guard is establishing a temporary SLR from 12:30 p.m. on August 15, 2026, through 5:30 p.m. on August 16, 2026. It will only be enforced, however, from 12:30 p.m. until 5:30 p.m. on August 15, 2026, unless the event is delayed because of weather conditions, in which case it will be subject to enforcement during those same hours on August 16, 2026. The regulated area, as shown below, in figure 1, starts at the point in position at 43°41′27″ N, 070°11′31″ W; then down to the Northwest point of Cow Island; then East along the coast of the Falmouth side of Cow Island to the Northeast Point; then North to a point in position of 43°41′49″ N, 070°11′9″ W; then Northwest to a point in position of 43°41′53″ N, 070°11′18″ W; then Southwest to a point in position of 43°41′34″ N, 070°11′41″ W; and then to point of origin 43°41′27″ N, 070°11′31″ W. These coordinates are expressed in Degrees (°) Minutes (′) Seconds (″) (DMS) based on North American Datum 1983 (NAD 83).

The regulated area will mainly serve as a spectator zone but will also include two transit areas where stopping, fishing, mooring, anchoring, or loitering is always prohibited, except when mooring to the existing mooring balls located in the areas. The first transit area will run between the Northwest and Northeast points of Cow Island and extend to two separate points: 43°41′27″ N, 070°11′31″ W and 43°41′49″ N, 070°11′9″ W. The concert stage barge will be positioned at the center of this area. For clarity, the area behind the concert stage barge is included within this transit area, and stopping, fishing, mooring, anchoring, or loitering is strictly prohibited throughout. The second transit area will run down the center of the spectator area, perpendicular to the concert stage barge, with a width of 240 feet. These transit areas will allow vessels to enter and exit the spectator zone from all sides and provide access for emergency vessels.

( printed page 52021)

The temporary SLR will prohibit swimming in the entire regulated area. Additionally, all vessels must follow a “Slow-No Wake” speed limit, meaning they cannot create a wake and cannot exceed speeds of five (5) knots unless a higher speed is needed to maintain control. This regulation is in place to ensure the safety of vessels and people before, during, and after the concert.

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.

A. Impact on Small Entities

The regulatory flexibility analysis provisions of the Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules not subject to notice and comment. As the Coast Guard has, for good cause, waived the notice and comment requirement that would otherwise apply to this rulemaking, the Regulatory Flexibility Act's flexibility analysis provisions do not apply here.

Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), if this rule will 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. 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.

B. 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).

C. 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.

D. Unfunded Mandates Reform Act

As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538), the Coast Guard certifies that this rule will not result in an annual expenditure of $100,000,000 or more (adjusted for inflation) by a State, local, or tribal government, in the aggregate, or by the private sector.

E. Environment

We have analyzed this rule under Department of Homeland Security Directive 023-01, Rev. 1, associated implementing instructions, and ( printed page 52022) 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 establishes a special local regulation for the duration of an event that qualifies as a regatta or marine parade. It is categorically excluded from further review under paragraph L61 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.

For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows:

91 FR 52019