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

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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a permanent special

local regulation for the Winter Harbor Lobster Boat Race. The event is

held annually on the second Saturday in August, in the waters of Winter

Harbor, Winter Harbor, 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 April 26, 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 (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 (CGD01-96-008), 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.

Discussion of Proposed Amendments

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 running of the race. Given the recurring nature of the

event, the Coast Guard desires to establish a permanent regulation for

this event. The proposed regulation would establish a regulated area on

Winter Harbor and would provide 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 to the event, and the race course

will be marked. However, due to the speed, large wakes, and proximity

of the participating vessels, it is necessary to establish a special

local regulation to

[[Page 7090]]

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 annually on the second

Saturday in August, between 8 a.m. and 2 p.m. or as published in a

Coast Guard Notice to Mariners. A rain date is established for the

following Sunday during the same time period. 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 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.

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 COMDTINST

16475.1B, (as revised by 59 FR 38654, July 29, 1994) this proposal is a

regulation issued in conjunction with an annually issued regatta or

marine parade permit 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. Section 100.114, is added to read as follows:

Sec. 100.114 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 Longitude

44 deg.23'07'' N. 068 deg.04'52'' W.

44 deg.22'12'' N. 068 deg.04'52'' W.

44 deg.22'12'' N. 068 deg.05'08'' W.

44 deg.23'07'' N. 068 deg.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

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 from 8 a.m. to 2

p.m. annually on the second Saturday in August, unless otherwise

specified in a Coast Guard Notice to Mariners. In case of inclement

weather, this section will be in effect the following Sunday at the

same time, unless otherwise specified in a Coast Guard Notice to

Mariners.

Dated: February 13, 1996.

J.L. Linnon,

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

[FR Doc. 96-4276 Filed 2-23-96; 8:45 am]

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