Regattas and marine parades: Winter Harbor Lobster Boat Race,

[Federal Register: July 13, 1998 (Volume 63, Number 133)]

[Rules and Regulations]

[Page 37491-37492]

From the Federal Register Online via GPO Access []



Coast Guard

33 CFR Part 100


RIN 2115-AE46

Special Local Regulation; Winter Harbor Lobster Boat Race, Winter Harbor, ME

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is establishing a permanent special local regulation for a boat race known as the Winter Harbor Lobster Boat Race. The event is held annually on the second Saturday in August between the hours of 8 a.m. and 2 p.m. This boat race takes place in the waters of Winter Harbor, Winter Harbor, ME. The actual date and time will be published in a Coast Guard Notice to Mariners. 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 August 12, 1998.

FOR FURTHER INFORMATION CONTACT: Lieutenant Timothy J. Carton, Office of Search and Rescue, First Coast Guard District, (617) 223-8460.


Regulatory History

A notice of proposed rulemaking (NPRM) was published on February 26, 1996, (61 FR 7089) proposing the establishment of a permanent special local regulation for the Winter Harbor Lobster Boat Race. The proposed rulemaking was published citing an incorrect section number Sec. 100.114, which is already in use. This final rule will correct the section number.

The NPRM restricted 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.

Background and Purpose

The Winter Harbor Lobster Boat Race is a local, traditional event that has been held for more than thirty years in Winter Harbor, 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 desires to establish a permanent regulation for this event. This rule establishes a regulated area on Winter Harbor and provides specific guidance to control vessel movement during the race.

This event includes up to 50 power-driven lobster boats and draggers competing in heats on a marked course at speeds approaching 25 m.p.h. The event typically attracts approximately 75 spectator craft. The Coast Guard will assign a patrol craft to the event, and the racecourse will be marked. 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 within this confined area. Spectator craft are authorized to watch the race from any area as long as they remain outside the designated regulated area.

In emergency situations, provisions may be made to establish safe escort by a Coast Guard or designated Coast Guard vessel for vessels requiring transit through the regulated area.

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. The Office of Management and Budget has exempted it from review under that order. It is not significant under the regulatory policies and procedures of the Department of Transportation (DOT) (44 FR 11040; February 25, 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 event, the extensive advisories that will be made to the affected maritime community and the minimal restrictions

[[Page 37492]]

that the regulation places on vessel traffic.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the Coast Guard considered whether this rule would have a significant economic impact on a substantial number of small entities. ``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.

Collection of Information

This rule contains no collection of information requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).


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.


The Coast Guard has considered the environmental impact of this final rule and concluded that under Figure 2-1, paragraph 34(h), of Commandant Instruction M16475.1C, this rule 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. A new section, 100.109, is added to read as follows:

    Sec. 100.109 Winter Harbor Lobster Boat Race, Winter Harbor, ME.

    (a) Regulated area. The regulated area includes all waters of Winter Harbor, ME, within the following points (NAD 83):



    44 23'07'' N

    068 04'52'' W

    44 22'12'' N

    068 04'52'' W

    44 22'12'' N

    068 05'08'' W

    44 23'07'' N

    068 05'08'' 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 Coast Guard on-scene patrol commander. On-scene patrol personnel may include commissioned, warrant, and petty officers of the Coast Guard. Upon hearing five or more short blasts from a Coast Guard vessel, the operator of a vessel shall proceed as directed. Members of the Coast Guard Auxiliary may also be present to inform vessel operators of this regulation and other applicable laws.

    (c) Effective Period. This section is effective from 8 a.m. to 2 p.m., annually on the second Saturday in August, unless specified in a Coast Guard Notice to Mariners. In case of inclement weather, this section will be in effect the second Sunday in August at the same time, unless otherwise specified in a Coast Guard Notice to Mariners.

    Dated: June 29, 1998. R.M. Larrabee, Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.

    [FR Doc. 98-18556Filed7-10-98; 8:45 am]

    BILLING CODE 4910-15-M