[Federal Register Volume 61, Number 57 (Friday, March 22, 1996)]
[Proposed Rules]
[Pages 11796-11798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6548]



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DEPARTMENT OF TRANSPORTATION
Coast Guard

33 CFR Part 100

[CGD01-96-016]
RIN 2115-AE46


Special Local Regulations; Revision

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to permanently amend a number of 
special local regulations governing marine

[[Page 11797]]
events in the First Coast Guard District. Changes made to these 
sections will eliminate the requirement to publish notices for the 
respective events in the Federal Register. Annual notification and 
applicable changes to the events will be specified in a Coast Guard 
Notice to Mariners.

DATES: Comments must be received on or before May 6, 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 (CGD01-96-016), 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 proposed 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.

Drafting Information

    The drafters of this notice are Lieutenant(jg) B. M. Algeo, Project 
Manager, First Coast Guard District, and Commander J. D. Stieb, Project 
Counsel, First Coast Guard District Legal Office.

Discussion of Proposed Amendments

    The Coast Guard desires to permanently amend 33 C.F.R. Part 100, 
sections 100.103--National Sweepstakes Regatta, 100.107--Windjammer 
Days, 100.108--Great Kennebec River Whatever Race, 100.109--Whatever 
Festival Hydroplanes, 100.111--Stonington Lobster Boat Races, and 
100.505--New Jersey Offshore Grand Prix. These sections currently 
require either the effective dates and times of each rule or changes to 
the effective dates and times be published in the Federal Register. To 
reduce unnecessary administrative actions, the Coast Guard proposes to 
eliminate the requirements to publish notices in the Federal Register. 
The Coast Guard believes sufficient notification is achieved by 
providing notice of the dates and times in a Coast Guard Notice to 
Mariners.

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 fact that no substantive changes are being 
made to the special local regulations and that notice of the events by 
Coast Guard Notice to Mariners will provide sufficient notice to 
waterways users.

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 under 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 
modifies special local regulations issued in conjunction with annually 
issued regatta or marine parade permits 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. Section 100.103 is amended by revising paragraph (b) as follows:


Sec. 100.103  National Sweepstakes Regatta, Redbank, NJ.

* * * * *
    (b) Effective period. This section is in effect from 8 a.m. to 6 
p.m. annually on the third weekend in August. However, the requirements 
of this section may be waived by a Coast Guard Notice to Mariners.
* * * * *
    3. Section 100.107 is amended by revising paragraph (c) as follows:


Sec. 100.107  Windjammer Days, Boothbay Harbor, ME.

* * * * *
    (c) Effective period. This section is in effect from 2 p.m. to 10 
p.m. annually on the second Tuesday in July. However, the requirements 
of this

[[Page 11798]]
section may be waived by a Coast Guard Notice to Mariners.
    4. Section 100.108 is amended by revising paragraph (c) as follows:


Sec. 100.108  Great Kennebec River Whatever Race.

* * * * *
    (c) Effective period. This section is in effect from 6 a.m. to 6 
p.m. annually on the first Sunday in July. However, the requirements of 
this section may be waived by a Coast Guard Notice to Mariners.
    5. Section 100.109 is amended by revising paragraph (c) as follows:


Sec. 100.109  Whatever Festival Hydroplanes, Augusta, ME.

* * * * *
    (c) Effective period. This section is in effect annually on the 
fourth weekend in June. However, the requirements of this section may 
be waived by a Coast Guard Notice to Mariners.
    6. Section 100.111 is amended by revising paragraph (c) as follows:


Sec. 100.111  Stonington Lobster Boat Races, Stonington, ME.

* * * * *
    (c) Effective period. This section is in effect from 10 a.m. to 4 
p.m. annually on the third or fourth Saturday in July. However, the 
requirements of this section may be waived by a Coast Guard Notice to 
Mariners.
    7. Section 100.505 is amended by revising paragraph (b) as follows:


Sec. 100.505  New Jersey Offshore Grand Prix.

* * * * *
    (b) Effective period. This section is in effect from 8 a.m. to 5 
p.m. annually on the third Wednesday in July. However, the requirements 
of this section may be waived by a Coast Guard Notice to Mariners.
* * * * *
    Dated: March 4, 1996.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 96-6548 Filed 3-21-96; 8:45 am]
BILLING CODE 4910-14-M