[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