[Federal Register Volume 60, Number 164 (Thursday, August 24, 1995)]
[Rules and Regulations]
[Pages 43976-43977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20941]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD01-95-051]
RIN 2115-AE46
Special Local Regulation: Stonington Lobster Boat Races, Deer
Island Thoroughfare, Stonington, 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 racing event called the Stonington Lobster Boat Race.
The event will be held on Saturday, July 22, 1995, from 10 a.m. to 4
p.m., and thereafter annually on the third or fourth Saturday in July
in the waters of Deer Island Thoroughfare, Stonington, ME. 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 July 22, 1995.
FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) B.M. Algeo, Chief, Boating Affairs Branch,
First Coast Guard District, (617) 223-8311.
SUPPLEMENTARY INFORMATION:
Drafting Information: The drafters of this rule are Lieutenant
(Junior Grade) B. M. Algeo, Project Manager, First Coast Guard
District, and Lieutenant Commander S.R. Watkins, Project Counsel,
First Coast Guard District Legal Office.
Background and Purpose
On March 29, 1995, the sponsor, Deer Island-Stonington Chamber of
Commerce, submitted a request to hold a powerboat race in Deer Island
Thoroughfare, Stonington, ME. The Coast Guard is establishing a
permanent regulation in Deer Island Thoroughfare for this event known
as the ``Stonington Lobster Boat Races.'' The final rule establishes a
regulated area in Deer Island Thoroughfare and provides specific
guidance to control vessel movement during the race.
This event will include up to 100 power-driven lobster boats
competing on a rectangular course at speeds approaching 20 m.p.h. Due
to the inherent dangers of racing in a confined area and the large
wakes produced, vessel traffic will be temporarily restricted to
provide for the safety of the spectators and participants.
The sponsor will provide five committee boats to augment the Coast
Guard patrol assigned to the event. The race course will be well marked
and patrolled, but due to the speed and proximity of the participating
vessels, it is necessary to establish a special local regulation to
control spectator and commercial vessel movement within this confirmed
area.
Regulatory History
A Notice of Proposed Rulemaking (NPRM) was published for this rule
on May 11, 1995 (60 FR 25189), no comments were received and no changes
were made to the original proposal. Good cause exists for making this
rule effective in less than 30 days after Federal Register publication.
The Coast Guard has recently adopted new procedures for making
environmental assessments (EA) of various classes of marine events
before granting final approval. Due to these new procedures,
publication of this final rule for the Stonington Lobster Boat Races
was delayed awaiting completion of the EA. Given current resources, the
Coast Guard has been unable to complete the necessary EAs for various
marine events thirty days prior to the event due to the volume and
their extensive content. The Coast Guard does not believe publishing
the final rule less than thirty days before the event creates a
significant impact on
[[Page 43977]]
the affected public because a NPRM was published two months prior to
the event and the event is a longstanding, popular tradition in the
local area.
Discussion of Rule
The Coast Guard is establishing a special local regulation on
specified waters of Deer Island Thoroughfare, Stonington, ME. The
regulated area will be closed to all traffic from 10 a.m. to 4 p.m. on
July 22, and thereafter annually on the third or fourth Saturday in
July, at the same prescribed times. In emergency situations, provisions
will be made to establish safe escort by a Coast Guard or designated
Coast Guard vessel for mariners requiring transit through the regulated
area. This regulation is needed to protect spectators and participants
from the hazards that accompany a high speed powerboat race in a
confined 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. 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 have been and will be made to the affected maritime
community, and the fact that the event is taking place in an area where
there is little commercial interest except the race participants.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this rule will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include independently owned and operated small businesses
that are not dominant in their fields and that otherwise qualify as
``small business concerns'' under section 3 of the Small Business Act
(15 U.S.C. 632).
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 in accordance with 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
special local regulation as well as the Stonington Lobster Boat Races.
An Environmental Assessment (EA) was prepared for the Stonington
Lobster Boat Races for which a Coast Guard Marine Event Permit will be
issued. A Finding of No Significant Impact (FONSI) was made; a copy of
the EA and FONSI statement are available in the docket. Under paragraph
2.B.2.e.34(h) of the Coast Guard's Implementing Procedures and Policy
for Considering Environmental Impacts, COMDTINST 16475.1B, this special
local regulation is categorically excluded from further environmental
documentation.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons set out in the preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100--[AMENDED]
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, Sec. 100.111, is added to read as follows:
Sec. 100.111 Stonington Lobster Boat Races, Stonington, ME.
(a) Regulated area. The regulated area includes all waters within
the following points:
Latitude Longitude
44 deg. 08.57' N 068 deg. 40.12' W
44 deg. 09.05' N 068 deg. 40.12' W
44 deg. 09.15' N 068 deg. 39.05' W
44 deg. 09.05' N 068 deg. 39.00' W
(b) Special local regulations.
(1) Commander, U.S. Coast Guard Group Southwest Harbor reserves the
right to 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 during the effective period of regulation unless
participating in the event or unless authorized by the Coast Guard
patrol commander.
(3) Vessels desiring to transit Deer Island Thoroughfare may do so
without Coast Guard approval as long as the vessel remains outside the
regulated area at specified times. No vessel will be allowed to transit
through any portions of the regulated area during the actual race.
Provisions will be made to allow vessels to transit the regulated area
between race heats. 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. Vessels
encountering emergencies which require transit through the regulated
area should contact the Coast Guard patrol commander on VHF Channel 16.
(4) Spectator craft are authorized to watch the race from any area
as long as they remain outside the designated regulated area. Spectator
craft are expected to remain outside the regulated area from 10 a.m. to
4 p.m. unless permission has been granted by the patrol commander.
(5) All persons and vessels shall comply with the instructions of
the Commander, U.S. Coast Guard Group Southwest Harbor or the
designated on-scene 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 stop immediately, then proceed as directed.
Members of the Coast Guard Auxiliary will also be present to inform
vessel operators of this regulation and other applicable laws.
(c) Effective period. This section is effective from 10 a.m. to 4
p.m. on Saturday, July 22, 1995, and thereafter annually on the third
or fourth Saturday in July, at the same prescribed times, as published
in an annual Federal Register notice, unless otherwise specified in the
Coast Guard Local Notice to Mariners and a notice in the Federal
Register.
Dated: July 19, 1995.
R.R. Clark
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 95-20941 Filed 8-23-95; 8:45 am]
BILLING CODE 4910-14-M
