[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Rules and Regulations]
[Pages 21961-21962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11896]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 100

[CGD01-95-168]
RIN 2115-AE 46


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

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a permanent special local 
regulation for the World's Fastest Lobster Boat Race in the waters of 
Moosabec Reach, Jonesport, ME. The event will be held on July 4, 1996, 
and each year thereafter on a date published in the Federal Register. 
This regulation is needed to protect the boating public from the 
hazards associated with high speed powerboat racing in confined waters.

EFFECTIVE DATE: This rule is effective on June 12, 1996.

FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) Benjamin M. Algeo, Chief Boating Affairs 
Branch, First Coast Guard District, (617) 223-8310

SUPPLEMENTARY INFORMATION:

Regulatory History

    A notice of proposed rulemaking (NPRM) was published on March 4, 
1996, (61 FR 8227) proposing the establishment of a permanent special 
local regulation for the World's Fastest Lobster Boat Race. The NPRM 
proposed to restrict vessels from transiting a specified regulated area 
to ensure the safety of life and property in the immediate vicinity of 
the event. No comments were received and no hearing was requested.

Discussion of Amendments

    The World's Fastest Lobster Boat 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 
race. Given the recurring nature of the event,the Coast Guard is 
establishing a permanent regulation. The regulation establishes a 
regulated area on Moosabec Reach and provides 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. 
Spectator craft are authorized to watch the race from any area as long 
as they remain outside the designated regulated area. In emergency 
situations, the Coast Guard patrol commander may establish escort 
procedures for vessels requiring transit through the regulated area.
    This section will be effective annually on a date to be published 
in the Federal Register. If the race is canceled due to weather, this 
section will be effective on the day following the effective date. This 
final rule varies from the NPRM in that it provides for the effective 
date to be published annually in the Federal Register.

Regulatory Evaluation

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, and does into 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;

[[Page 21962]]

February 26, 1979). The Coast Guard expects the economic impact of this 
rule 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 rule will not have a 
significant economic impact on a substantial number of small entities. 
If, however, you think that your business or organization qualifies as 
a small entity and that this rule will have a significant economic 
impact on your business or organization, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and in what way and to 
what degree this rule will economically affect it.

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 raise sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard has considered the environmental impacts of this 
rule and concluded that, under paragraph 2.B.2.e.34(h) of COMDTINST 
16475.1B, (as revised by 61 FR 13563, March 27, 1996) this rule is a 
special local regulation issued in conjunction with a regatta or marine 
parade and is categorically excluded from further environmental 
documentation.

List of Subjects in 33 CFR Part 100

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

Final Regulation

    For the reasons set forth in the preamble, the Coast Guard amends 
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. A new permanent section, 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):


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 the regulation in this section and other applicable laws.
    (c) Effective period. This section is in effect from 10 a.m. to 1 
p.m. on July 4, 1996, and each year thereafter on a date and times 
published in a Federal Register notice. If the event is canceled due to 
weather, this section is in effect on the day following the published 
effective date.

    Dated: May 1, 1996.
J. L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 96-11896 Filed 5-10-96; 8:45 am]
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