[Federal Register Volume 63, Number 133 (Monday, July 13, 1998)]
[Rules and Regulations]
[Pages 37491-37492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18556]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD01-96-008]
RIN 2115-AE46


Special Local Regulation; Winter Harbor Lobster Boat Race, Winter 
Harbor, ME

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a permanent special local 
regulation for a boat race known as the Winter Harbor Lobster Boat 
Race. The event is held annually on the second Saturday in August 
between the hours of 8 a.m. and 2 p.m. This boat race takes place in 
the waters of Winter Harbor, Winter Harbor, ME. The actual date and 
time will be published in a Coast Guard Notice to Mariners. 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 August 12, 1998.

FOR FURTHER INFORMATION CONTACT:
Lieutenant Timothy J. Carton, Office of Search and Rescue, First Coast 
Guard District, (617) 223-8460.

SUPPLEMENTARY INFORMATION:

Regulatory History

    A notice of proposed rulemaking (NPRM) was published on February 
26, 1996, (61 FR 7089) proposing the establishment of a permanent 
special local regulation for the Winter Harbor Lobster Boat Race. The 
proposed rulemaking was published citing an incorrect section number 
Sec. 100.114, which is already in use. This final rule will correct the 
section number.
    The NPRM restricted 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.

Background and Purpose

    The Winter Harbor Lobster Boat Race is a local, traditional event 
that has been held for more than thirty years in Winter 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 for this event. This 
rule establishes a regulated area on Winter Harbor and provides 
specific guidance to control vessel movement during the race.
    This event includes up to 50 power-driven lobster boats and 
draggers competing in heats on a marked course at speeds approaching 25 
m.p.h. The event typically attracts approximately 75 spectator craft. 
The Coast Guard will assign a patrol craft to the event, and the 
racecourse will be marked. 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 designated Coast Guard vessel for vessels 
requiring transit through the regulated area.

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. The 
Office of Management and Budget has exempted it from review under that 
order. It is not significant under the regulatory policies and 
procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 25, 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 
event, the extensive advisories that will be made to the affected 
maritime community and the minimal restrictions

[[Page 37492]]

that the regulation places on vessel traffic.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this rule would have a significant 
economic impact on a substantial number of small entities. ``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.

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 impact of this 
final rule and concluded that under Figure 2-1, paragraph 34(h), of 
Commandant Instruction M16475.1C, this rule 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 section, 100.109, is added to read as follows:


Sec. 100.109  Winter Harbor Lobster Boat Race, Winter Harbor, ME.

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


Latitude                             Longtitude                         
                                                                        
44 23'07'' N                         068 04'52'' W                      
44 22'12'' N                         068 04'52'' W                      
44 22'12'' N                         068 05'08'' W                      
44 23'07'' N                         068 05'08'' 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 Coast 
Guard. Upon hearing five or more short blasts from a 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 effective from 8 a.m. to 2 
p.m., annually on the second Saturday in August, unless specified in a 
Coast Guard Notice to Mariners. In case of inclement weather, this 
section will be in effect the second Sunday in August at the same time, 
unless otherwise specified in a Coast Guard Notice to Mariners.

    Dated: June 29, 1998.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 98-18556 Filed 7-10-98; 8:45 am]
BILLING CODE 4910-15-M