[Federal Register Volume 61, Number 225 (Wednesday, November 20, 1996)]
[Rules and Regulations]
[Pages 59024-59025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29688]
[[Page 59024]]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 100
[CGD01-96-022]
RIN 2115-AE46
Special Local Regulation: Searsport Lobster Boat Races,
Searsport, ME
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a permanent special local
regulation for the Searsport Lobster Boat Races. The event will be held
from 8 a.m. to 2 p.m. on August 24, 1996, and each year thereafter on
the fourth Saturday in August. This regulation is needed to protect the
boating public from the hazards associated with high speed powerboat
racing in confined waters.
EFFECTIVE DATE: This regulation is effective on August 24, 1996.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Commander James B. Donovan, Assistant Search and Rescue
Section, First Coast Guard District, (617) 223-8278.
SUPPLEMENTARY INFORMATION:
Regulatory History
A Notice of Proposed Rulemaking (NPRM) was published on May 13,
1996, (61 FR 22001) proposing the establishment of a permanent special
local regulation for the Searsport Lobster Boat Races. The NPRM
proposed to establish a regulated area surrounding the race course. No
comments were received and no hearing was requested. The Coast Guard is
publishing the final rule as proposed.
Background and Purpose
The Searsport Lobster Boat Races is a local, traditional event that
has been held for many years in Searsport Harbor, ME. In the past, the
Coast Guard has promulgated individual regulations for each year's
race. Given the recurring nature of the event, the Coast Guard is
establishing a permanent regulation. The regulation establishes a
regulated area on Searsport Harbor and provides specific guidance to
control vessel movement during the race.
The event includes 50 or more participants with 4 to 8 boats per
class racing in heats around a \3/4\ mile marked course. The event
typically attracts approximately 100 spectator craft. The Coast Guard
will assign a patrol to the event, but due to the speed, large wakes,
and proximity of the participating vessels, it is necessary to
establish a special local regulation to control spectator and
commercial vessel movement within this confined area. Spectator craft
are authorized to watch the race from any area as long as they remain
outside the designated regulated area. In emergency situations,
provisions may be made to establish safe escort by a Coast Guard or
Coast Guard designated vessel for vessels requiring transit through the
regulated area.
Good cause exists for providing for this rule to become effective
prior to publication in the Federal Register. Due to the need to
provide the opportunity for notice and comment in the NPRM, there is
insufficient time to publish this rule before the event is scheduled to
begin. The Coast Guard believes delaying the event in order to publish
the final rule or holding the event without an effective regulation
would be contrary to the public interest given this event's local
popularity and the need to control vessel movement during the event.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has been exempted from review by the Office of Management and Budget
under that order. It is not significant under the regulatory policies
and procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
rule to be so minimal that a full Regulatory Evaluation, under
paragraph 10(e) of the regulatory policies and procedures of DOT, is
unnecessary. This conclusion is based on the limited duration of the
race, the extensive advisories that will be made to the affected
maritime community, and the minimal restrictions which the regulation
places on vessel traffic.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider the economic impact on small entities of a
rule for which a general notice of proposed rulemaking is required.
``Small entities'' may include (1) Small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000.
For the reasons discussed in the Regulatory Evaluation, the Coast
Guard certifies under 5 U.S.C. 605(b) that this proposal will not have
a significant economic impact on a substantial number of small
entities.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impacts of this
rule and concluded that, under paragraph 2.B.2.e.34(h) of COMDTINST
16475.1B, (as revised by 61 FR 13563, March 27, 1996) this rule is a
special local regulation issued in conjunction with a regatta or marine
parade and is categorically excluded from further environmental
documentation.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
Final Regulation
For the reasons set out in the preamble, the Coast Guard is
amending 33 CFR Part 100 as follows:
1. The authority citation for Part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.
2. A new Sec. 100.118, is added to read as follows:
Sec. 100.118 Searsport Lobster Boat Races, Searsport Harbor, ME.
(a) Regulated Area. The regulated area includes all waters of
Searsport Harbor, ME, within the following points (NAD 83):
Latitude Longitude
44 deg.26'51'' N 068 deg.54'20'' W
44 deg.27'03'' N 068 deg.54'20'' W
44 deg.27'03'' N 068 deg.55'17'' W
44 deg.26'51'' N 068 deg.55'17'' W
(b) Special Local Regulations. (1) The Coast Guard patrol commander
may delay, modify, or cancel the race as conditions or circumstances
require.
(2) No person or vessel may enter, transit, or remain in the
regulated area unless participating in the event or unless authorized
by the Coast Guard patrol commander.
(3) Vessels encountering emergencies which require transit through
the
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regulated area should contact the Coast Guard patrol commander on VHF
Channel 16. In the event of an emergency, the Coast Guard patrol
commander may authorize a vessel to transit through the regulated area
with a Coast Guard designated escort.
(4) All persons and vessels shall comply with the instructions of
the Coast Guard on-scene patrol commander. On-scene patrol personnel
may include commissioned, warrant, and petty officers of the U.S. Coast
Guard. Upon hearing five or more short blasts from a U.S. Coast Guard
vessel, the operator of a vessel shall proceed as directed. Members of
the Coast Guard Auxiliary may also be present to inform vessel
operators of this regulation and other applicable laws.
(c) Effective period. This section is in effect on August 24, 1996,
and each year thereafter on the fourth Saturday in August. If the event
is canceled due to weather, this section is effective the following
day.
Dated: August 22, 1996.
James D. Garrison,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 96-29688 Filed 11-19-96; 8:45 am]
BILLING CODE 4910-14-M
