[Federal Register Volume 60, Number 91 (Thursday, May 11, 1995)]
[Proposed Rules]
[Pages 25187-25189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11660]



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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]
BILLING CODE 4910-14-M