Special Local Regulation: Stonington Lobster Boat Races, Deer Island Thoroughfare, Stonington, ME

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD01-95-051]

Special Local Regulation: Stonington Lobster Boat Races, Deer

Island Thoroughfare, Stonington, 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 the Stonington Lobster Boat Race. The event will

be held on Saturday, July 22, 1995, from 10 a.m. to 4 p.m., and

thereafter annually on the third or fourth Saturday in July in the

waters of Deer Island Thoroughfare, Stonington, ME. 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 12, 1995.

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(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 (CGD01-95-051), 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.

[[Page 25188]] Drafting Information. The drafters of this notice

are Lieutenant(jg) B.M. Algeo, Project Manager, First Coast Guard

District Boating Affairs Branch, and Lieutenant Commander S.R.

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

Background and Purpose

On March 29, 1995, the sponsor, Deer Island-Stonington Chamber of

Commerce, submitted a request to hold a powerboat race in Deer Island

Thoroughfare, Stonington, ME. The Coast Guard is considering

establishing a permanent regulation in Deer Island Thoroughfare for

this event known as the ``Stonington Lobster Boat Races.'' The proposed

regulation would establish a regulated area in Deer Island Thoroughfare

and would provide specific guidance to control vessel movement during

the race.

This event will include up to 100 power-driven lobster boats

competing on a rectangular course at speeds approaching 20 m.p.h. Due

to the inherent dangers of racing in a confined area and the large

wakes produced, vessel traffic will be temporarily restricted to

provide for the safety of the spectators and participants.

The sponsor will provide five committee boats to augment the Coast

Guard patrol 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 Deer Island Thoroughfare, Stonington, Maine. The

regulated area will be closed to all traffic from 10 a.m. to 4 p.m. on

July 22, and thereafter annually on the third or fourth Saturday in

July, at the same prescribed times. In emergency situations, provisions

will be made to establish safe escort by a Coast Guard or designated

Coast Guard vessel for mariners requiring transit through the regulated

area. This regulation is needed to protect spectators and participants

from the hazards that accompany a high speed power boat 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 fully 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

there is little commercial interest.

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 World's Fastest Lobster Boat

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 powerboat 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.

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:

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. Section 100.111, is added to read as follows:

Sec. 100.111 Stonington Lobster Boat Races, Jonesport, ME.

(a) Regulated area. The regulated area includes all waters within

the following points:

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Latitude Longitude

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44 deg.08.57'' N 68 deg. 40.12'' W

44 deg.09.05'' N 68 deg. 40.12'' W

44 deg.09.15'' N 68 deg. 39.05'' W

44 deg.09.05'' N 68 deg. 39.00'' W

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(b) Special local regulations. (1) Commander, U.S. Coast Guard

Group Southwest Harbor 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 Deer Island Thoroughfare may do so

without Coat Guard approval as long as the vessel remains outside the

regulated area at specified times. No vessel will be allowed to transit

through any portions of the regulated area during the actual race.

Provisions will be made to allow vessels to transit the regulated area

between race heats. 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. Vessels

encountering emergencies which require transit through the regulated

area 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 area. Spectator

craft are expected to remain outside the regulated area 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 Southwest Harbor or the

designated on- [[Page 25189]] 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, July 22, 1995, and thereafter annually on the

third or fourth Saturday in July, at the same prescribed times, unless

otherwise specified in the Coast Guard Local Notice to Mariners and a

notice in the Federal Register.

Dated: May 1, 1995.

J.L. Linnon,

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

[FR Doc. 95-11660 Filed 5-10-95; 8:45 am]

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