[Federal Register Volume 60, Number 91 (Thursday, May 11, 1995)]
[Proposed Rules]
[Pages 25187-25189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11660]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD01-95-051]
Special Local Regulation: Stonington Lobster Boat Races, Deer
Island Thoroughfare, Stonington, ME
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a permanent special
local regulation for 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.
DATES: Comments must be received on or before June 12, 1995.
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(jg) B.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.
Persons submitting comments should include their names and addresses,
identify this notice (CGD01-95-051), the specific section of the
proposal to which each comment applies, and give reasons for each
comment. The Coast Guard requests that all comments and attachments be
submitted in an 8\1/2\'' x 11'' unbound 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.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of the comments.
The Coast Guard plans no 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 it is determined that the opportunity
for oral presentations will aid this rulemaking, the Coast Guard will
hold a public hearing at a time and place announced by a later notice
in the Federal Register.
The shortened comment period for this regulation was caused by a
delay in receiving necessary information from the event sponsor. The
Coast Guard considers this shortened comment period to be adequate
because considerable promotional efforts undertaken by the sponsor have
effectively publicized the event throughout the local area. The
shortened comment period will allow sufficient time for the public to
make substantive comments on the proposed rule.
[[Page 25188]] Drafting Information. The drafters of this notice
are Lieutenant(jg) B.M. Algeo, Project Manager, First Coast Guard
District Boating Affairs Branch, 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 considering
establishing a permanent regulation in Deer Island Thoroughfare for
this event known as the ``Stonington Lobster Boat Races.'' The proposed
regulation would establish a regulated area in Deer Island Thoroughfare
and would provide 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 confined
area.
Discussion of Proposed Amendments
The Coast Guard proposes to establish a special local regulation on
specified waters of Deer Island Thoroughfare, Stonington, Maine. 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 power boat race in a
confined 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 fully 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.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal 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 proposal will not have
a significant economic impact on a substantial number of small
entities.
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 in accordance with 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 is considering the environmental impacts of both
the proposed special regulations and the World's Fastest Lobster Boat
Race. It is anticipated that an Environmental Assessment (EA) will be
written and included in the docket concerning the potential
environmental impacts resulting from this powerboat race for which the
Coast Guard has received an ``Application for Marine Event Permit.''
Comments in this regard should be forwarded to the address listed under
ADDRESSES.
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 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. Section 100.111, is added to read as follows:
Sec. 100.111 Stonington Lobster Boat Races, Jonesport, ME.
(a) Regulated area. The regulated area includes all waters within
the following points:
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Latitude Longitude
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44 deg.08.57'' N 68 deg. 40.12'' W
44 deg.09.05'' N 68 deg. 40.12'' W
44 deg.09.15'' N 68 deg. 39.05'' W
44 deg.09.05'' N 68 deg. 39.00'' W
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(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 Coat 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- [[Page 25189]] scene patrol commander. On-scene patrol
personnel include commissioned, warrant, and petty officers of the U.S.
Coast Guard. Upon hearing five or more 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 will be 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, unless
otherwise specified in the Coast Guard Local Notice to Mariners and a
notice in the Federal Register.
Dated: May 1, 1995.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District
[FR Doc. 95-11660 Filed 5-10-95; 8:45 am]
BILLING CODE 4910-14-M