[Federal Register Volume 61, Number 43 (Monday, March 4, 1996)]
[Proposed Rules]
[Pages 8227-8229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4919]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD01-95-168]
RIN 2115-AE46


Special Local Regulation: World's Fastest Lobster Boat Race, 
Moosabec Reach, Jonesport, ME

AGENCY: Coast Guard, DOT.


[[Page 8228]]

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a permanent special 
local regulation for the World's Fastest Lobster Boat Race. The event 
will be held annually on the observed Independence Day in the waters of 
Moosabec Reach, Jonesport, 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 May 3, 1996.

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 (CGD01-95-168), 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.

Discussion of Proposed Amendments

    The World's Fastest Lobsterboat Race is a local, traditional event 
that has been held for many years in Jonesport, ME. In the past, the 
Coast Guard has promulgated individual regulations for each year's 
running of the race. Given the recurring nature of the event, the Coast 
Guard desires to establish a permanent regulation for this event. The 
proposed regulation would establish a regulated area on Moosabec Reach 
and would provide specific guidance to control vessel movement during 
the race.
    This event includes up to 60 power-driven lobster boats competing 
in heats on a marked course at speeds approaching 25 m.p.h. The Coast 
Guard will assign a patrol to the event, and the race course will be 
marked. However, 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.
    The proposed section will be effective annually on the observed 
Independence Day holiday or as published in a Coast Guard Notice to 
Mariners. A rain date may be established and announced in a Coast Guard 
Notice to Mariners. In emergency situations, the Coast Guard patrol 
commander may establish escort procedures for vessels requiring transit 
through the regulated 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 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 minimal restrictions the regulation places on vessel traffic.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider the economic impact on small entities of a 
rule for which a general notice of proposed rulemaking is required. 
``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 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 has considered the environmental impacts of this 
proposal and concluded that, under paragraph 2.B.2.e.34(h) of COMDTINST 
16475.1B (as revised by 59 FR 38654, July 29, 1994), this proposal is a 
regulation issued in conjunction with an annually issued regatta or 
marine parade permit and is categorically excluded from further 
environmental documentation.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

Proposed Regulation

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 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. 100.110, is added to read as follows:


Sec. 100.110  World's Fastest Lobster Boat Race, Jonesport, ME.

    (a) Regulated Area. The regulated area includes all waters of 
Moosabec Reach within the following points (NAD 83):


[[Page 8229]]


Latitude                             Longitude                          
44 deg.31'36'' N                     067 deg.36'54'' W                  
44 deg.31'48'' N                     067 deg.34'42'' W                  
44 deg.31'36'' N                     067 deg.34'42'' W                  
44 deg.31'18'' N                     067 deg.36'54'' 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 on-scene Coast Guard 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 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 in effect from 10 a.m. to 1 
p.m. annually on the observed Independence Day holiday, unless 
otherwise specified in a Coast Guard Notice to Mariners.

    Dated: February 20, 1996.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 96-4919 Filed 3-1-96; 8:45 am]
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