[Federal Register Volume 60, Number 188 (Thursday, September 28, 1995)]
[Rules and Regulations]
[Pages 50102-50103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24107]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD01-95-036]
Special Local Regulation: Whatever Festival Hydroplanes, Kennebec
River, Augusta, 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 Whatever Festival Hydroplanes.
The race will be held annually on the fourth weekend in June in the
waters of the Kennebec River, Augusta, ME. This regulation is needed to
protect the boating public from the hazards associated with high speed
hydroplane racing in confined waters.
EFFECTIVE DATES: This rule is effective October 30, 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 February 3, 1995, the sponsor, Kennebec Valley Chamber of
Commerce, submitted a request to hold a hydroplane race on the Kennebec
River, Augusta, ME. The sponsor plans to hold such a race every year in
late June. In response, the Coast Guard is establishing a permanent
special local regulation on the Kennebec River for this event known as
the ``Whatever Festival Hydroplanes.'' This rule establishes a
regulated area on the Kennebec River and provides specific guidance to
control vessel movement during the race.
This event will include up to 50 hydroplanes competing on a
rectangular course at speeds approaching 70 m.p.h. Due to the inherent
dangers of a race of this type, vessel traffic will be temporarily
restricted to provide for the safety of the spectators and
participants.
The sponsor will provide a minimum of four safety boats, two manned
with divers, and an EMT rescue ambulance on shore. All sponsor
resources will be identified with regatta signs or flags in accordance
with American Power Boat Association requirements. A Coast Guard patrol
also will be 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 the confined
area.
Regulatory History
A Notice of Proposed Rulemaking (NPRM) was published for this rule
on 26 April 1995 (60 FR 20463); no comments were received and no
changes were made to the original proposal.
Discussion of Rule
The Coast Guard is establishing a special local regulation on
specified waters of the Kennebec River, Augusta, Maine. The regulated
area will be closed to all traffic annually on the fourth weekend in
June. In emergency situations, provisions will be made to establish
safe escort by Coast Guard designated vessels for mariners requiring
transit through any regulated area. This regulation is needed to
[[Page 50103]]
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 will be made to the affected maritime community, and
the fact that the event is taking place in an area where the only
commercial interests affected are a few marinas.
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 Whatever Festival Hydroplanes
race. An Environmental Assessment (EA) was prepared for the Whatever
Festival Hydroplanes race 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 COMDTINST 16475.1B, promulgation of 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. 100.109, is added to read as follows:
Sec. 100.109 Whatever Festival Hydroplanes, Augusta, ME.
(a) Regulated Area. This regulated area includes all waters within
the following points and provides a 100 yard minimum safety zone around
the race course:
Latitude Longitude
44 deg.19.01'' N 069 deg.46.22'' W
44 deg.19.00'' N 069 deg.46.18'' W
44 deg.18.37'' N 069 deg.46.26'' W
44 deg.18.36'' N 069 deg.46.16'' W
(b) Special Local Regulations.
(1) Commander, U.S. Coast Guard Group Portland 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 the river may do so without Coast
Guard approval as long as the vessel remains outside the regulated
areas at specified times. In the event of an emergency, the Coast Guard
patrol commander may authorize a vessel to transit through the
regulated areas with a Coast Guard designated escort in between race
heats. No vessel will be allowed to transit through any portions of the
regulated area during the actual race. Vessels encountering emergencies
which require transit through the regulated areas should contact the
Coast Guard patrol commander on VHF Channel 16.
(4) Spectator craft are authorized to watch the race from any areas
as long as they remain outside the designated regulated areas. There
will be no movement of spectator craft during each heat of the race.
Spectator craft area expected to remain outside the safety zone during
race times 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 Portland 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 also will be present to inform vessel operators
of this regulation and other applicable laws.
(c) Effective period. This rule will be effective annually on the
fourth weekend in June, at times to be prescribed in a Coast Guard
Local Notice to Mariners and a notice in the Federal Register.
Dated: September 14, 1995.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 95-24107 Filed 9-27-95; 8:45 am]
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