[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Rules and Regulations]
[Pages 26104-26105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13164]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 100

[CGDO1-96-016]
RIN 2115-AE46


Special Local Regulation: Revision to Special Local Regulations, 
33 CFR Part 100

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is permanently amending a number of special 
local regulations governing marine events in the First Coast Guard 
District. This rule provides the effective dates for these events in 
1996 and provides that the effective dates for the following years will 
be published in a Federal Register notice.

EFFECTIVE DATE: This section is effective on June 24, 1996.

FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) Benjamin M. Algeo, Chief, Boating Affairs 
Branch, First Coast Guard District, (617) 223-8311.

SUPPLEMENTARY INFORMATION:

Regulatory History

    A notice of proposed rulemaking (NPRM) was published on March 22, 
1996, (61 FR 11796) in the Federal Register proposing a permanent 
change to a number of special local regulations governing marine events 
in the First Coast Guard District. No comments were received and no 
hearing was requested.

Background and Purpose

    The Coast Guard is permanently amending 33 CFR Part 100, sections 
100.103--National Sweepstakes Regatta, 100.107--Windjammer Days, 
100.108--Great Kennebec River Whatever Race, 100.111--Stonington 
Lobster Boat Races, 100.505--New Jersey Offshore Grand Prix, and 
removing section 100.109--Whatever Festival Hydroplanes. This final 
rule provides the effective dates for the 1996 events and eliminates 
the need to undergo the rulemaking process for each event annually by 
allowing the dates and times for events in later years to be published 
in a Federal Register notice. This rule varies from the NPRM in that it 
provides notice of the dates and times of the 1996 events, requires 
annual notice in the Federal Register rather than a Coast Guard Notice 
to Mariners, and provides rain dates for the Great Kennebec River 
Whatever Race, the Stonington Lobster Boat Races, and the New Jersey 
Offshore Grand Prix. It also removes section 100.109, the Whatever 
Festival Hydroplanes race, which has been canceled subsequent to the 
published NPRM.

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

[[Page 26105]]

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 no substantive changes are being made to the special local 
regulations and that notice of the events by a Federal Register notice 
and 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 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 
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 under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this rule 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 
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 
modifies special local regulations issued in conjunction with regattas 
or marine parades 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 out in the preamble, the Coast Guard is 
amending 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 100.103 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. on July 20 and 21, 1996, and each year thereafter on dates and 
times specified in a Federal Register notice.
* * * * *
    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. on June 26 and 27, 1996, and each year thereafter on dates and 
times specified in a Federal Register notice.
    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. on June 30, 1996, and each year thereafter on a date and times 
specified in a Federal Register notice. If the event is canceled due to 
weather, this section is effective the following day.


Sec. 100.109  [Removed]

    5. Section 100.109 is removed.
    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. on August 3, 1996, and each year thereafter on a date and times 
specified in a Federal Register notice. If the event is canceled due to 
weather, this section is effective the following day.
    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. on July 17, 1996, and each year thereafter on a date and times 
specified in a Federal Register notice. If the event is canceled due to 
weather, this section is effective the following day.
* * * * *
    Dated: May 13, 1996.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 96-13164 Filed 5-23-96; 8:45 am]
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