Federal Register / Vol. 61, No. 93 / Monday, May 13, 1996 / Rules and Regulations 21961

certifies that it will not have a

significant economic impact on a

substantial number of small entities.

Collection of Information

These regulations contain no

collection of information requirements

under the Paperwork Reduction Act (44

U.S.C. 3501 et seq.).

Federalism

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

the rulemaking does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environmental Assessment

The Coat Guard has considered the

environmental impact of this rule

consistent with Section 2.B.2. of

Commandant Instruction M16475.1B. In

accordance with that section, this action

has been environmentally assessed (EA

completed), and the Coast Guard has

determined that it will not significantly

affect the quality of human

environment. An environmental

assessment and finding of no significant

impact have been prepared.

Furthermore as a condition of the

marine event permit, the applicant has

been required to educate the operators

of spectator craft and race participants

regarding the possible presence of

manatees and the appropriate

precautions to take if the animals are

sighted.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

Temporary Final Regulations

In consideration of the foregoing, the

Coast Guard amends, Part 100 of Title

33, Code of Federal Regulations, 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. A temporary section 100.35–T07–

032 is added to read as follows:

§ 100.35–T07–032 Key West Super Boat

Race; Key West, FL.

(a) Definitions.

(1) Regulated area. All navigable

waters within a line drawn through the

following points:

24–33.65N 081–48.47W; thence to,

24–33.95N, 081–48.30W; thence to,

24–34.05N, 081–48.45W; thence to,

24–33.58N, 081–48.70W; thence to,

24–31.18N, 081–51.10W; thence to,

24–31.18N, 081–48.88W; thence to,

24–32.94N, 081–48.82W.

All coordinates reference use datum: NAD

1983.

(2) Coast Guard Patrol Commander.

The Coast Guard Patrol Commander is

a commissioned, warrant, or petty

officer of the United States Coast Guard

who has been designated by Coast

Guard Group Key West, Florida.

(b) Special local regulations. (1) Entry

into the regulated area, by other than

event participants, is prohibited unless

otherwise authorized by the patrol

commander.

(2) A succession of not less than 5

short whistle or horn blasts from a

patrol vessel will be the signal for any

non-participating vessel to take

immediate steps to avoid collision. The

display of a red distress flare from a

patrol vessel will be a signal for any and

all vessels to stop immediately.

(c) Effective Date. This section is

effective at 10 a.m. edt and terminates

at 4 p.m. edt, on May 19, 1996.

Dated: April 25, 1996.

P.J. Cardaci,

Captain, U.S. Coast Guard, Acting

Commander, Seventh Coast Guard District.

[FR Doc. 96–11897 Filed 5–10–96; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 100

[CGD01–95–168]

RIN 2115–AE 46

Special Local Regulation: World’s

Fastest Lobster Boat Race, Moosabec

Reach, Jonesport, ME

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is

establishing a permanent special local

regulation for the World’s Fastest

Lobster Boat Race in the waters of

Moosabec Reach, Jonesport, ME. The

event will be held on July 4, 1996, and

each year thereafter on a date published

in the Federal Register. This regulation

is needed to protect the boating public

from the hazards associated with high

speed powerboat racing in confined

waters.

EFFECTIVE DATE: This rule is effective on

June 12, 1996.

FOR FURTHER INFORMATION CONTACT:

Lieutenant (Junior Grade) Benjamin M.

Algeo, Chief Boating Affairs Branch,

First Coast Guard District, (617) 223–

8310

SUPPLEMENTARY INFORMATION:

Regulatory History

A notice of proposed rulemaking

(NPRM) was published on March 4,

1996, (61 FR 8227) proposing the

establishment of a permanent special

local regulation for the World’s Fastest

Lobster Boat Race. The NPRM proposed

to restrict vessels from transiting a

specified regulated area to ensure the

safety of life and property in the

immediate vicinity of the event. No

comments were received and no hearing

was requested.

Discussion of Amendments

The World’s Fastest Lobster Boat Race

is a local, traditional event that has been

held for many years in Jonesport, ME. In

the past, the Coast Guard has

promulgated individual regulations for

each year’s race. Given the recurring

nature of the event,the Coast Guard is

establishing a permanent regulation.

The regulation establishes a regulated

area on Moosabec Reach and provides

specific guidance to control vessel

movement during the race.

This event includes up to 60 powerdriven lobster boats competing in heats

on a marked course at speeds

approaching 25 m.p.h. 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 control spectator and

commercial vessel movement. Spectator

craft are authorized to watch the race

from any area as long as they remain

outside the designated regulated area. In

emergency situations, the Coast Guard

patrol commander may establish escort

procedures for vessels requiring transit

through the regulated area.

This section will be effective annually

on a date to be published in the Federal

Register. If the race is canceled due to

weather, this section will be effective on

the day following the effective date.

This final rule varies from the NPRM in

that it provides for the effective date to

be published annually in the Federal

Register.

Regulatory Evaluation

This rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866, and does into

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;
21962 Federal Register / Vol. 61, No. 93 / Monday, May 13, 1996 / Rules and Regulations

February 26, 1979). The Coast Guard

expects the economic impact of this rule

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 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-forprofit 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

rule will not have a significant

economic impact on a substantial

number of small entities. If, however,

you think that your business or

organization qualifies as a small entity

and that this rule will have a significant

economic impact on your business or

organization, please submit a comment

(see ADDRESSES) explaining why you

think it qualifies and in what way and

to what degree this rule will

economically affect it.

Collection of Information

This rule 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

rule in accordance with the principles

and criteria contained in Executive

Order 12612 and has determined that

this rule does not raise sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environment

The Coast Guard has considered the

environmental impacts of this rule and

concluded that, under paragraph

2.B.2.e.34(h) of COMDTINST 16475.1B,

(as revised by 61 FR 13563, March 27,

1996) this rule is a special local

regulation issued in conjunction with a

regatta or marine parade and is

categorically excluded from further

environmental documentation.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water),

Records and recordkeeping

requirements, Waterways.

Final Regulation

For the reasons set forth in the

preamble, the Coast Guard amends 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. A new permanent section, 100.110,

is added to read as follows:

§ 100.110 World’s Fastest Lobster Boat

Race, Jonesport, ME.

(a) Regulated area. The regulated area

includes all waters of Moosabec Reach

within the following points (NAD 83):

Latitude Longitude

44°31′36′′ N 067°36′54′′ W

44°31′48′′ N 067°34′42′′ W

44°31′36′′ N 067°34′42′′ W

44°31′18′′ N 067°36′54′′ 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 onscene Coast Guard 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

will also be present to inform vessel

operators of the regulation in this

section and other applicable laws.

(c) Effective period. This section is in

effect from 10 a.m. to 1 p.m. on July 4,

1996, and each year thereafter on a date

and times published in a Federal

Register notice. If the event is canceled

due to weather, this section is in effect

on the day following the published

effective date.

Dated: May 1, 1996.

J. L. Linnon,

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

First Coast Guard District.

[FR Doc. 96–11896 Filed 5–10–96; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 100

[CGD07–96–031]

RIN 2115–AE46

Special Local Regulations: Boating

Safety Parade; Charleston, SC

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is adopting

Special Local Regulations for the

Boating Safety Parade, sponsored by the

Charleston Power Squadron. This event

will be held from 12 p.m. to 4 p.m. EDT

(Eastern Daylight Time), on May 18,

1996. The customary presence of

commercial and recreational traffic, and

the nature of the event creates an extra

or unusual hazard on the navigable

waters. These regulations are necessary

to provide for the safety of life on

navigable waters during the event.

EFFECTIVE DATE: This rule is effective

from 12 p.m. to 4 p.m. EDT, on May 18,

1996.

FOR FURTHER INFORMATION CONTACT:

ENS M.J. DaPonte, project officer, Coast

Guard Group Charleston at (803) 724–

7621.

SUPPLEMENTARY INFORMATION: In

accordance with 5 U.S.C. 553, a notice

of proposed rulemaking has not been

published for these regulations and

good cause exists for making them

effective in less than 30 days from the

date of publication. Following normal

rulemaking procedures would have

been impractical. The information to

hold the event was not received until

April 4, 1996, and there was insufficient

time remaining to publish proposed

rules in advance of the event or to

provide for a delayed effective date.

Discussion of Regulations

These temporary special local

regulations are needed to provide for the

safety of life during Charleston Power

Squadron’s Boating Safety Parade. The

regulations are intended to promote safe

navigation on the waters on the Cooper

and Ashley Rivers in Charleston Harbor

during the parade by controlling the

traffic entering, exiting, and traveling

within the parade formation. There will

be approximately thirty sailing and

power boats participating in the parade.

The anticipated concentration of

nonparticipating vessels within the area