Special Local Regulations; Revision

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD01-96-016]

RIN 2115-AE46

Special Local Regulations; Revision

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to permanently amend a number of

special local regulations governing marine

[[Page 11797]]

events in the First Coast Guard District. Changes made to these

sections will eliminate the requirement to publish notices for the

respective events in the Federal Register. Annual notification and

applicable changes to the events will be specified in a Coast Guard

Notice to Mariners.

DATES: Comments must be received on or before May 6, 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 (CGD01-96-016), 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 proposed 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.

Drafting Information

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

Manager, First Coast Guard District, and Commander J. D. Stieb, Project

Counsel, First Coast Guard District Legal Office.

Discussion of Proposed Amendments

The Coast Guard desires to permanently amend 33 C.F.R. Part 100,

sections 100.103--National Sweepstakes Regatta, 100.107--Windjammer

Days, 100.108--Great Kennebec River Whatever Race, 100.109--Whatever

Festival Hydroplanes, 100.111--Stonington Lobster Boat Races, and

100.505--New Jersey Offshore Grand Prix. These sections currently

require either the effective dates and times of each rule or changes to

the effective dates and times be published in the Federal Register. To

reduce unnecessary administrative actions, the Coast Guard proposes to

eliminate the requirements to publish notices in the Federal Register.

The Coast Guard believes sufficient notification is achieved by

providing notice of the dates and times in a Coast Guard Notice to

Mariners.

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 fact that no substantive changes are being

made to the special local regulations and that notice of the events by

Coast Guard Notice to Mariners will provide sufficient notice to

waterways users.

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

modifies special local regulations issued in conjunction with annually

issued regatta or marine parade permits 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:

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. Section 100.103 is amended by revising paragraph (b) as follows:

Sec. 100.103 National Sweepstakes Regatta, Redbank, NJ.

* * * * *

(b) Effective period. This section is in effect from 8 a.m. to 6

p.m. annually on the third weekend in August. However, the requirements

of this section may be waived by a Coast Guard Notice to Mariners.

* * * * *

3. Section 100.107 is amended by revising paragraph (c) as follows:

Sec. 100.107 Windjammer Days, Boothbay Harbor, ME.

* * * * *

(c) Effective period. This section is in effect from 2 p.m. to 10

p.m. annually on the second Tuesday in July. However, the requirements

of this

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section may be waived by a Coast Guard Notice to Mariners.

4. Section 100.108 is amended by revising paragraph (c) as follows:

Sec. 100.108 Great Kennebec River Whatever Race.

* * * * *

(c) Effective period. This section is in effect from 6 a.m. to 6

p.m. annually on the first Sunday in July. However, the requirements of

this section may be waived by a Coast Guard Notice to Mariners.

5. Section 100.109 is amended by revising paragraph (c) as follows:

Sec. 100.109 Whatever Festival Hydroplanes, Augusta, ME.

* * * * *

(c) Effective period. This section is in effect annually on the

fourth weekend in June. However, the requirements of this section may

be waived by a Coast Guard Notice to Mariners.

6. Section 100.111 is amended by revising paragraph (c) as follows:

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

* * * * *

(c) Effective period. This section is in effect from 10 a.m. to 4

p.m. annually on the third or fourth Saturday in July. However, the

requirements of this section may be waived by a Coast Guard Notice to

Mariners.

7. Section 100.505 is amended by revising paragraph (b) as follows:

Sec. 100.505 New Jersey Offshore Grand Prix.

* * * * *

(b) Effective period. This section is in effect from 8 a.m. to 5

p.m. annually on the third Wednesday in July. However, the requirements

of this section may be waived by a Coast Guard Notice to Mariners.

* * * * *

Dated: March 4, 1996.

J.L. Linnon,

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

[FR Doc. 96-6548 Filed 3-21-96; 8:45 am]

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