[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Rules and Regulations]
[Pages 21961-21962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11896]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 100
[CGD01-95-168]
RIN 2115-AE 46
Special Local Regulation: World's Fastest Lobster Boat Race,
Moosabec Reach, Jonesport, 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 World's Fastest Lobster Boat Race in the waters of
Moosabec Reach, Jonesport, ME. The event will be held on July 4, 1996,
and each year thereafter on a date published in the Federal Register.
This regulation is needed to protect the boating public from the
hazards associated with high speed powerboat racing in confined waters.
EFFECTIVE DATE: This rule is effective on June 12, 1996.
FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) Benjamin M. Algeo, Chief Boating Affairs
Branch, First Coast Guard District, (617) 223-8310
SUPPLEMENTARY INFORMATION:
Regulatory History
A notice of proposed rulemaking (NPRM) was published on March 4,
1996, (61 FR 8227) proposing the establishment of a permanent special
local regulation for the World's Fastest Lobster Boat Race. The NPRM
proposed to restrict vessels from transiting a specified regulated area
to ensure the safety of life and property in the immediate vicinity of
the event. No comments were received and no hearing was requested.
Discussion of Amendments
The World's Fastest Lobster Boat Race is a local, traditional event
that has been held for many years in Jonesport, 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 Moosabec Reach and provides specific guidance to
control vessel movement during the race.
This event includes up to 60 power-driven lobster boats competing
in heats on a marked course at speeds approaching 25 m.p.h. The Coast
Guard will assign a patrol to the event, and the race course will be
marked. However, 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.
Spectator craft are authorized to watch the race from any area as long
as they remain outside the designated regulated area. In emergency
situations, the Coast Guard patrol commander may establish escort
procedures for vessels requiring transit through the regulated area.
This section will be effective annually on a date to be published
in the Federal Register. If the race is canceled due to weather, this
section will be effective on the day following the effective date. This
final rule varies from the NPRM in that it provides for the effective
date to be published annually in the Federal Register.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, and does into 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;
[[Page 21962]]
February 26, 1979). The Coast Guard expects the economic impact of this
rule to be so minimal that a full Regulatory Evaluation, under
paragraph 10e 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 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 rule will not have a
significant economic impact on a substantial number of small entities.
If, however, you think that your business or organization qualifies as
a small entity and that this rule will have a significant economic
impact on your business or organization, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and in what way and to
what degree this rule will economically affect it.
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 in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this rule does not raise 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), Records and recordkeeping
requirements, Waterways.
Final Regulation
For the reasons set forth in the preamble, the Coast Guard amends
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 permanent section, 100.110, is added to read as follows:
Sec. 100.110 World's Fastest Lobster Boat Race, Jonesport, ME.
(a) Regulated area. The regulated area includes all waters of
Moosabec Reach within the following points (NAD 83):
Latitude Longitude
44 deg.31'36'' N 067 deg.36'54'' W
44 deg.31'48'' N 067 deg.34'42'' W
44 deg.31'36'' N 067 deg.34'42'' W
44 deg.31'18'' N 067 deg.36'54'' 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 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 on-scene Coast Guard patrol commander. On-scene patrol personnel
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 will also be present to inform vessel
operators of the regulation in this section and other applicable laws.
(c) Effective period. This section is in effect from 10 a.m. to 1
p.m. on July 4, 1996, and each year thereafter on a date and times
published in a Federal Register notice. If the event is canceled due to
weather, this section is in effect on the day following the published
effective date.
Dated: May 1, 1996.
J. L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 96-11896 Filed 5-10-96; 8:45 am]
BILLING CODE 4910-14-M
