Special Local Regulation: Whatever Festival Hydroplanes, Kennebec River, Augusta, ME

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD01-95-036]

Special Local Regulation: Whatever Festival Hydroplanes, Kennebec

River, Augusta, ME

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a permanent special

local regulation for a racing event called the Whatever Festival

Hydroplanes. The race will be held on Saturday, June 24, and Sunday,

June 25, 1995, and thereafter annually on the fourth weekend in June in

the waters of the Kennebec River, Augusta, ME. This regulation is

needed to protect the boating public from the hazards associated with

high speed hydroplane racing in confined waters.

DATES: Comments must be received on or before May 24, 1995.

ADDRESSES: Comments should be mailed to Commander(b), First Coast

[[Page 20464]] 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 be come

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 (CGD01-95-036), 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 proposal 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.

The shortened comment period for this regulation was caused by a

delay in receiving necessary information from the event sponsor. The

Coast Guard considers this shortened comment period to be adequate

because considerable promotional efforts undertaken by the sponsor have

effectively publicized the event throughout the local area. The

shortened comment period will allow sufficient time for the public to

make substantive comments on the proposed rule.

Drafting Information

The drafters of this notice are Lieutenant(jg) B.M. Algeo, Project

Manager, First Coast Guard District, and Lieutenant Commander S.R.

Watkins, Project Counsel, First Coast Guard District Legal Office.

Background and Purpose

On February 3, 1995, the sponsor, Kennebec Valley Chamber of

Commerce, submitted a request to hold a hydroplane race on the Kennebec

River, Augusta, ME. The Coast Guard is considering establishing a

permanent regulation on the Kennebec River for this event known as the

``Whatever Festival Hydroplanes.'' The proposed regulation would

establish a regulated area on the Kennebec River and would provide

specific guidance to control vessel movement during the race.

This event will include up to 50 hydroplanes competing on a

rectangular course at speeds approaching 70 m.p.h. Due to the inherent

dangers of a race of this type, vessel traffic will be temporarily

restricted to provide for the safety of the spectators and

participants.

The sponsor will provide a minimum of four safety boats, two manned

with divers, and an EMT rescue ambulance on shore. All sponsor

resources will be identified with regatta signs or flags, in accordance

with American Power Boat Association requirements, to augment the Coast

Guard patrol that will be assigned to the event. The race course will

be well marked and patrolled, but due to the speed 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.

Discussion of Proposed Amendments

The Coast Guard proposes to establish a special local regulation on

specified waters of the Kennebec River, Augusta, Maine. The regulated

area will be closed to all traffic from 10 a.m. to 4 p.m. on June 24,

and from 11 a.m. to 3 p.m. on June 25, 1995, and thereafter annually on

the fourth weekend in June. In emergency situations, provisions will be

made to establish safe escort by Coast Guard designated vessels for

mariners requiring transit through any regulated area. This regulation

is needed to protect spectators and participants from the hazards that

accompany a high speed powerboat race in a confined 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 have been and will be made to the affected maritime

community, and the fact that the event is taking place in an area where

the only commercial interests affected are a few marinas.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider whether this proposal will have a significant

economic impact on a substantial number of small entities. ``Small

entities'' include independently owned and operated small businesses

that are not dominant in their fields and that otherwise qualify as

``small business concerns'' under section 3 of the Small Business Act

(15 U.S.C. 632).

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 in accordance with 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 is considering the environmental impacts of both

the proposed special regulations and the Whatever Festival Hydroplanes

race. It is anticipated that an Environmental Assessment (EA) will be

written and included in the docket concerning the potential

environmental impacts resulting from this high speed hydroplane race

for which the Coast Guard has received an ``Application for Marine

Event Permit.'' Comments in this regard should be forwarded to the

address listed under ADDRESSES. [[Page 20465]]

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water), Reporting and recordkeeping

requirements, Waterways.

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. A permanent section, Sec. 100.109, is added to read as follows:

Sec. 100.109 Whatever Festival Hydroplanes, Augusta, ME.

(a) Regulated Area. This regulated area provides a 100 yard minimum

safety zone around the race course coordinates and includes all waters

within the following points:

Latitude Longitude

44 deg.19.01'' N 069 deg.46.22'' W

44 deg.19.00'' N 069 deg.46.18'' W

44 deg.18.37'' N 069 deg.46.26'' W

44 deg.18.36'' N 069 deg.46.16'' W

(b) Special Local Regulations.

(1) Commander, U.S. Coast Guard Group Portland reserves the right

to 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 during the effective period of regulation unless

participating in the event or unless authorized by the Coast Guard

patrol commander.

(3) Vessels desiring to transit the river may do so without Coast

Guard approval as long as the vessel remains outside the regulated

areas at specified times. No vessel will be allowed to transit through

any portions of the regulated area during the actual race. In the event

of an emergency, the Coast Guard patrol commander may authorize a

vessel to transit through the regulated areas with a Coast Guard

designated escort. Vessels encountering emergencies which require

transit through the regulated areas should contact the Coast Guard

patrol commander on VHF Channel 16.

(4) Spectator craft are authorized to watch the race from any area

as long as they remain outside the designated regulated areas. There

will be no movement of spectator craft during each heat of the race.

Spectator craft are expected to remain outside the safety zone from 10

a.m. to 4 p.m. unless permission has been granted by the patrol

commander.

(5) All persons and vessels shall comply with the instructions of

the Commander, U.S. Coast Guard Group Portland or the designated on-

scene patrol commander. On-scene patrol personnel include commissioned,

warrant, and petty officers of the U.S. Coast Guard. Upon hearing five

or more blasts from a U.S. Coast Guard vessel, the operator of a vessel

shall stop immediately, then proceed as directed. Members of the Coast

Guard Auxiliary will also be present to inform vessel operators of this

regulation and other applicable laws.

(c) Effective period. This section will be effective from 10 a.m.

to 4 p.m. on Saturday, June 24, and from 11 a.m. to 3 p.m. on Sunday,

June 25, 1995, and thereafter annually on the fourth weekend in June,

at the same prescribed times, unless otherwise specified in the Coast

Guard Local Notice to Mariners and a notice of the Federal Register.

Dated: April 18, 1995.

J.L. Linnon,

Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.

[FR Doc. 95-10238 Filed 4-25-95; 8:45 am]

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