21960 Federal Register / Vol. 61, No. 93 / Monday, May 13, 1996 / Rules and Regulations

Background and Purpose

The NPRM published on April 24,

1995, proposed to eliminate the specific

rate times to allow for a flexible time

period. The Harvard/Yale Regatta is a

rowing competition which is scheduled

around favorable tidal conditions.

Therefore, a flexible effective period is

necessary to avoid having to publish,

annually, a NPRM and final rule

changing the race times. This rule varies

from the NPRM in one regard; it

provides notice of the dates and times

of this 1996 event in addition to

changing the permanent regulation.

Notice of specific race dates and times

for following years will be specified

each year in a Federal Register notice.

Regulatory Evaluation

This rule 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 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 fact that the race is of short

duration, there is little commercial

traffic on the affected portion of the

Thames River, and the advance notice

which will be made to the affected

maritime community.

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.

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),

Reporting 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. Section 100.101, is amended by

revising paragraph (b) to read as follows:

§ 100.101 Harvard-Yale Regatta, Thames

River, New London, CT.

* * * * *

(b) Effective period. This section is in

effect on June 8, 1996, from 4:00 p.m.

to 7:30 p.m. and each year thereafter on

a date and times specified in a Federal

Register notice. If the regatta is canceled

due to weather, this section will be in

effect on the following Sunday.

* * * * *

Dated: May 1, 1996.

J.L. Linnon,

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

First Coast Guard District.

[FR Doc. 96–11903 Filed 5–10–96; 8:45 am]

BILLING CODE 4910–14–M

Coast Guard

33 CFR Part 100

[CGD07–96–032]

RIN 2115–AE46

Special Local Regulations; Key West

Super Boat Race; Key West, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: Special local regulations are

being adopted for the Key West Super

Boat Race sponsored by Super Boat

Racing, Inc. This event will be held on

May 19, 1996, between 10 a.m. and 4

p.m. edt (eastern daylight time). The

regulations are needed to provide for the

safety of life on navigable waters during

the event.

EFFECTIVE DATE: This rule is effective

from 10 a.m. edt and terminates at 4

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

FOR FURTHER INFORMATION CONTACT:

QMC Kent, project officer, USCG Group

Key West, (305) 292–8727.

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, as there was not

sufficient time remaining to publish

proposed rules in advance of the event

or to provide for a delayed effective

date.

Discussion of Regulations

These special local regulations are

being adopted for the Key West Super

Boat Race. The event will be held from

10 a.m. to 4 p.m. edt, on May 19, 1996.

Approximately 35 power boats and 100

spectator craft are expected to

participate in the Key West Super Boat

Race. The power boats will be

competing at high speeds and operating

in close proximity to the spectators,

creating an extra or unusual hazard on

navigable waters. These regulations are

needed to provide for the safety of life

on navigable waters during the event.

Regulatory Evaluation

This regulations 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 of this

proposal to be so minimal that a full

Regulatory Evaluation under paragraph

10e of the regulatory policies and

procedures of DOT is unnecessary.

Entry into the regulated area is

prohibited for only 6 hours on the day

of the event.

Since the impact of this rule is

expected to be minimal, the Coast Guard
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;