[Federal Register Volume 63, Number 133 (Monday, July 13, 1998)]
[Rules and Regulations]
[Pages 37491-37492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18556]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD01-96-008]
RIN 2115-AE46
Special Local Regulation; Winter Harbor Lobster Boat Race, Winter
Harbor, ME
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a permanent special local
regulation for a boat race known as the Winter Harbor Lobster Boat
Race. The event is held annually on the second Saturday in August
between the hours of 8 a.m. and 2 p.m. This boat race takes place in
the waters of Winter Harbor, Winter Harbor, ME. The actual date and
time will be published in a Coast Guard Notice to Mariners. 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 August 12, 1998.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Timothy J. Carton, Office of Search and Rescue, First Coast
Guard District, (617) 223-8460.
SUPPLEMENTARY INFORMATION:
Regulatory History
A notice of proposed rulemaking (NPRM) was published on February
26, 1996, (61 FR 7089) proposing the establishment of a permanent
special local regulation for the Winter Harbor Lobster Boat Race. The
proposed rulemaking was published citing an incorrect section number
Sec. 100.114, which is already in use. This final rule will correct the
section number.
The NPRM restricted 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.
Background and Purpose
The Winter Harbor Lobster Boat Race is a local, traditional event
that has been held for more than thirty years in Winter 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 for this event. This
rule establishes a regulated area on Winter Harbor and provides
specific guidance to control vessel movement during the race.
This event includes up to 50 power-driven lobster boats and
draggers competing in heats on a marked course at speeds approaching 25
m.p.h. The event typically attracts approximately 75 spectator craft.
The Coast Guard will assign a patrol craft to the event, and the
racecourse will be marked. 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 designated Coast Guard vessel for vessels
requiring transit through the regulated area.
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. The
Office of Management and Budget has exempted it from review under that
order. It is not significant under the regulatory policies and
procedures of the Department of Transportation (DOT) (44 FR 11040;
February 25, 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
event, the extensive advisories that will be made to the affected
maritime community and the minimal restrictions
[[Page 37492]]
that the regulation places on vessel traffic.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this rule would have a significant
economic impact on a substantial number of small entities. ``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.
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 impact of this
final rule and concluded that under Figure 2-1, paragraph 34(h), of
Commandant Instruction M16475.1C, this rule 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 section, 100.109, is added to read as follows:
Sec. 100.109 Winter Harbor Lobster Boat Race, Winter Harbor, ME.
(a) Regulated area. The regulated area includes all waters of
Winter Harbor, ME, within the following points (NAD 83):
Latitude Longtitude
44 23'07'' N 068 04'52'' W
44 22'12'' N 068 04'52'' W
44 22'12'' N 068 05'08'' W
44 23'07'' N 068 05'08'' 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 Coast
Guard. Upon hearing five or more short blasts from a 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 effective from 8 a.m. to 2
p.m., annually on the second Saturday in August, unless specified in a
Coast Guard Notice to Mariners. In case of inclement weather, this
section will be in effect the second Sunday in August at the same time,
unless otherwise specified in a Coast Guard Notice to Mariners.
Dated: June 29, 1998.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 98-18556 Filed 7-10-98; 8:45 am]
BILLING CODE 4910-15-M
