[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Proposed Rules]
[Pages 22001-22002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11904]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposed to establish 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 a date and times published in a Federal Register notice.
This regulation is needed to protect the boating public from the
hazards associated with high speed powerboat racing in confined waters.
DATES: Comments must be received on or before June 27, 1996.
ADDRESSES: Comments should be mailed to Commander (b), First Coast
Guard District, Captain John Foster Williams Federal Building, 408
Atlantic Ave., Boston, MA 02110-3350, or may be hand delivered to Room
428 at the same address, between 8 a.m. and 4 p.m., Monday through
Friday, except Federal holidays. Comments will become part of this
docket and will be available for inspection or copying at the above
address.
FOR FURTHER INFORMATION CONTACT: Lieutenant (Junior Grade) Benjamin M.
Algeo, Chief, Boating Affairs Branch, First Coast Guard District, (617)
223-8311.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments. Each
person submitting comments should include their name and address,
identify this notice (CGD01-96-022), the specific section of the
proposal to which each comment applies, and give the reason for each
comment. Comments and attachments should be submitted on 8\1/2\'' x
11'' unbound paper in a format suitable for copying and electronic
filing. If that is not practical, a second copy of any bound material
is requested. Persons requesting acknowledgment of receipt of comments
should enclose a stamped, self-addressed postcard or envelope. All
comments received during the comment period will be considered by the
Coast Guard and may change this proposal.
The Coast Guard has no plans to hold a public hearing. Persons may
request a public hearing by writing to Commander (b), First Coast Guard
District at the address under ADDRESSES. The request should include
reasons why a hearing would be beneficial. If the Coast Guard
determines that oral presentations will aid this rulemaking, it will
hold a public hearing at a time and place announced by a later notice
in the Federal Register.
Discussion of Proposed Amendments
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 desires
to establish a permanent regulation. The proposed regulation would
establish a regulated area on Searsport harbor and would provide
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.
The proposed section will be effective from 8 a.m. to 2 p.m. on
August 24, 1996, and each year thereafter as published in a Federal
Register notice. If the race is canceled due to weather, this section
will be effective on the day following the effective date. 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.
Regulatory Evaluation
This proposal 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 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 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. 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.
[[Page 22002]]
Collection of Information
This proposal 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 proposal under the principles and
criteria contained in Executive Order 12612 and has determined that
this proposal 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
proposal and concluded that, under paragraph 2.B.2.e.34(h) of DOMDTINST
16475.1B, (as revised by 61 FR 13563, March 27, 1996) this proposal 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.
Proposed Regulation
For the reasons set out in the preamble, the Coast Guard proposes
to amend 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 permanent section, 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 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 application laws.
(c) Effective period. This section is in effect form 8 a.m. to 2
p.m. on August 24, 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 effective the following day.
Dated: May 1, 1996.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 96-11904 Filed 5-10-96; 8:45 am]
BILLING CODE 4910-14-M
