[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Proposed Rules]
[Pages 21998-21999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11774]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD01-95-058]
RIN 2115-AE 46
Special Local Regulation: Connecticut River Raft Race,
Middletown, CT
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to amend the regulations governing
the Connecticut River Raft Race. The event name would change to the
``Great Connecticut River Raft Race'' due to a change in sponsor. The
regulated area would move upriver to coincide with a change in the race
course. The effective period would also change to July 27, 1996, and
each year thereafter on a date and times specified in a Federal
Register document. This regulation is necessary to control vessel
traffic within the regulated area due to the confined nature of the
waterway and anticipated congestion at the time of the event, thus
providing for the safety of life and property on the affected navigable
waterway.
DATES: Comments must be received on or before June 27, 1996.
ADDRESSES: Comments should be mailed to Commander (b), First Coast
Guard District, Captain John Foster Williams Federal Building, 408
Atlantic Ave., Boston, Massachusetts 02110-3350. Comments also 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.
FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) Benjamin 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. Each
person submitting comments should include their name and address,
identify this notice (CGD01-95-058), the specific section of the
proposal to which each comment applies, and give the reason for each
comment. Comments and attachments should be submitted on 8\1/2\'' x
11'' unbound paper in a format suitable for copying and electronic
filing. If that is not practical, a second copy of any bound material
is requested. Persons requesting acknowledgement of receipt of comments
should enclose a stamped, self-addressed postcard or envelope.
All comments received during the comment period will be considered
by the Coast Guard and may change this proposal. The Coast Guard has no
plans to hold a 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 the Coast Guard determines that oral presentations
will aid this rulemaking, it will hold a public hearing at a time and
place announced by a later notice in the Federal Register.
Discussion of Proposed Amendments
The Connecticut River Raft Race is in its twenty-second year, and
is a popular local event. A permanent special local regulation, 33 CFR
Part 100.102, governs the running of the event. Due to a change in
sponsor, the name of the event will change to the ``Great Connecticut
River Raft Race'' and the location of the race will be moved a short
distance upriver. The event will continue to be annually recurring,
therefore, the Coast Guard proposes to permanently amend the special
local regulation found in 33 CFR Part 100.102. The race course and
regulated area will change to consist of that portion of the
Connecticut River between Marker nos. 92 and 73, Middletown, CT. The
event date will also change from the first Saturday in August to the
last Saturday in July or first Saturday in August.
This event will include up to 60 homemade rafts and is expected to
draw up to 100 spectator craft. The Coast Guard, Connecticut Department
of Environmental Protection, and local fire and police departments will
each assign a patrol to the event. However, due to the restricted
maneuverability of the participating rafts, 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.
The proposed section will be effective annually on the last
Saturday in July or first Saturday in August, between 10 a.m. and 2
p.m., or as published in a Coast Guard Notice to Mariners. A rain date
may be established and announced in a Coast Guard Notice to Mariners.
In emergency situations, the Coast Guard patrol commander may establish
escort
[[Page 21999]]
procedures for vessels requiring transit through the regulated 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 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. 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-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 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 raise sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impacts of this
proposal and concluded that, under paragraph 2.B.2.e.34(h) of COMDTINST
16475.1B (as revised by 59 FR 38654, July 29, 1944), this proposal is a
regulation issued in conjunction with an annually issued regatta or
marine parade permit 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.
Proposed Regulation
For the reasons set out in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:
PART 100--[AMENDED]
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 100.102 is revised to read as follows:
Sec. 100.102 Great Connecticut River Raft Race, Middletown, CT.
(a) Regulated Area. That section of the Connecticut River between
Dart Island (Marker no. 73) and Portland Shoals (Marker no. 92),
Middletown, CT.
(b) Special Local Regulations.
(1) The Coast Guard patrol commander many 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 on-scene Coast Guard patrol commander. On-scene patrol personnel
may 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 this regulation and other applicable laws.
(c) Effective period. This section is in effect from 10 a.m. to 2
p.m. on July 27, 1996, and each year thereafter on a date and times
specified in a Federal Register Document.
Dated March 19, 1996.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 96-11774 Filed 5-10-96; 8:45 am]
BILLING CODE 4910-14-M
