[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Proposed Rules]
[Pages 22001-22002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11904]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 100

[CGD01-96-022]
RIN 2115-AE46


Special Local Regulation: Searsport Lobster Boat Races, 
Searsport, ME

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposed to establish a permanent special 
local regulation for the Searsport Lobster Boat Races. The event will 
be held from 8 a.m. to 2 p.m. on August 24, 1996, and each year 
thereafter on a date and times published in a Federal Register notice. 
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 June 27, 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 (Junior Grade) Benjamin 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. Each 
person submitting comments should include their name and address, 
identify this notice (CGD01-96-022), the specific section of the 
proposal to which each comment applies, and give the reason for each 
comment. Comments and attachments should be submitted on 8\1/2\''  x  
11'' unbound paper in a 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. All 
comments received during the comment period will be considered by the 
Coast Guard and may change this proposal.
    The Coast Guard has no plans to hold a 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 the Coast Guard 
determines that oral presentations will aid this rulemaking, it will 
hold a public hearing at a time and place announced by a later notice 
in the Federal Register.

Discussion of Proposed Amendments

    The Searsport Lobster Boat Races is a local, traditional event that 
has been held for many years in Searsport Harbor, 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 desires 
to establish a permanent regulation. The proposed regulation would 
establish a regulated area on Searsport harbor and would provide 
specific guidance to control vessel movement during the race.
    The event includes 50 or more participants with 4 to 8 boats per 
class racing in heats around a \3/4\ mile marked course. The event 
typically attracts approximately 100 spectator craft. The Coast Guard 
will assign a patrol to the event, but 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 from 8 a.m. to 2 p.m. on 
August 24, 1996, and each year thereafter as published in a Federal 
Register notice. If the race is canceled due to weather, this section 
will be effective on the day following the effective date. In emergency 
situations, provisions may be made to establish safe escort by a Coast 
Guard or Coast Guard designated vessel 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 which 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. 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.

[[Page 22002]]

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 DOMDTINST 
16475.1B, (as revised by 61 FR 13563, March 27, 1996) this proposal 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), 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:
    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, 100.118, is added to read as follows:


Sec. 100.118  Searsport Lobster Boat Races, Searsport Harbor, ME.

    (a) Regulated Area. The regulated area includes all waters of 
Searsport Harbor, ME, within the following points (NAD 83):


Latitude                           Longitude                            
44 deg.26'51'' N                   068 deg.54'20'' W                    
44 deg.27'03'' N                   068 deg.54'20'' W                    
44 deg.27'03'' N                   068 deg.55'17'' W                    
44 deg.26'51'' N                   068 deg.55'17'' 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 Coast Guard on-scene patrol commander. On-scene patrol personnel 
may 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 may also be present to inform vessel 
operators of this regulation and other application laws.
    (c) Effective period. This section is in effect form 8 a.m. to 2 
p.m. on August 24, 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 effective the following day.

    Dated: May 1, 1996.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 96-11904 Filed 5-10-96; 8:45 am]
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