[Federal Register Volume 61, Number 225 (Wednesday, November 20, 1996)]
[Rules and Regulations]
[Pages 59024-59025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29688]



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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: Final rule.

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SUMMARY: The Coast Guard is establishing 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 
the fourth Saturday in August. This regulation is needed to protect the 
boating public from the hazards associated with high speed powerboat 
racing in confined waters.

EFFECTIVE DATE: This regulation is effective on August 24, 1996.

FOR FURTHER INFORMATION CONTACT:
Lieutenant Commander James B. Donovan, Assistant Search and Rescue 
Section, First Coast Guard District, (617) 223-8278.

SUPPLEMENTARY INFORMATION:

Regulatory History

    A Notice of Proposed Rulemaking (NPRM) was published on May 13, 
1996, (61 FR 22001) proposing the establishment of a permanent special 
local regulation for the Searsport Lobster Boat Races. The NPRM 
proposed to establish a regulated area surrounding the race course. No 
comments were received and no hearing was requested. The Coast Guard is 
publishing the final rule as proposed.

Background and Purpose

    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 is 
establishing a permanent regulation. The regulation establishes a 
regulated area on Searsport Harbor and provides 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. 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.
    Good cause exists for providing for this rule to become effective 
prior to publication in the Federal Register. Due to the need to 
provide the opportunity for notice and comment in the NPRM, there is 
insufficient time to publish this rule before the event is scheduled to 
begin. The Coast Guard believes delaying the event in order to publish 
the final rule or holding the event without an effective regulation 
would be contrary to the public interest given this event's local 
popularity and the need to control vessel movement during the event.

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 of this 
rule to be so minimal that a full Regulatory Evaluation, under 
paragraph 10(e) 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.

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 under 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 
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), Reporting and recordkeeping 
requirements, Waterways.

Final Regulation

    For the reasons set out in the preamble, the Coast Guard is 
amending 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 Sec. 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

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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 applicable laws.
    (c) Effective period. This section is in effect on August 24, 1996, 
and each year thereafter on the fourth Saturday in August. If the event 
is canceled due to weather, this section is effective the following 
day.

    Dated: August 22, 1996.
James D. Garrison,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 96-29688 Filed 11-19-96; 8:45 am]
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