[Federal Register Volume 59, Number 97 (Friday, May 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12403]
[[Page Unknown]]
[Federal Register: May 20, 1994]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 100
[CGD01-94-032]
Safety Zone; Harvard-Yale Regatta, Thames River, New London, CT
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The annual Harvard-Yale Regatta is a crew race event held on
the Thames River in New London, Connecticut. This regulation
temporarily amends the permanent regulation, by changing the time for
this year's event. These regulations are necessary to control vessel
traffic within the immediate vicinity of the event 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 affected
navigable waters.
EFFECTIVE DATES: This rule is effective from 4 p.m. to 8 p.m. on June
4, 1994. If the event is postponed for any reason, the regulations will
be effective between the hours of 12:45 p.m. and 3:15 p.m. on June 5,
1994.
FOR FURTHER INFORMATION CONTACT: Lieutenant (Junior Grade) Benjamin M.
Algeo, Chief Boating Safety Affairs Branch, First Coast Guard District,
(617) 223-8310.
SUPPLEMENTARY INFORMATION:
Drafting Information
The drafters of this notice are Lieutenant (Junior Grade) B. M.
Algeo, project officer, Chief, Boating Safety Affairs Branch, First
Coast Guard District and Lieutenant Commander F. J. Kenney, project
attorney, First Coast Guard District Legal Office.
Regulatory History
Pursuant to 5 U.S.C. 553, a Notice of Proposed Rulemaking (NPRM)
was not published for this regulation, and good cause exists for making
it effective in less than 30 days after Federal Register publication.
The Harvard-Yale Regatta is a long-standing and popular local event.
The public is well aware of the general procedures followed to hold
this annual event. This regulation simply changes the time of the event
to allow the race committee to hold the event during hours correlating
with certain tidal conditions. Little commercial traffic is known to
transit the area. However, sufficient notice will be provided for any
affected party to alter plans with minimal impact. Publishing an NPRM
and delaying its effective date would be contrary to the public
interest since immediate action is needed to respond to any potential
hazards to the maritime public.
Background and Purpose
The circumstances requiring this regulation result from the desire
to protect the boating public from possible dangers and hazards
associated with this event. In accordance with the provisions of the
permanent regulation governing the conduct of the Harvard-Yale Regatta,
a portion of the Thames River will be closed during the effective
period to all vessel traffic except participants, official regatta
vessels, and patrol craft. The regulated area is that area of the
Thames River between Bartlett's Cove and the Penn Central Draw Bridge
in New London, Connecticut. This regulation changes the time of the
event published in 100 CFR 100.101; race times will be published prior
to the event in the Coast Guard Local Notice to Mariners. In order to
provide for the safety of spectators and participants, the Coast Guard
will restrict vessel movement in the race course area and establish
spectator anchorages for what is expected to be a large spectator
fleet.
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 rule constitutes a temporary revision of the
permanent regulations governing the running of the Harvard-Yale Regatta
published in 33 CFR 100.101, by changing the effective period of the
regulations. The public is fully aware of the terms and conditions of
this annual event. Commercial traffic on the affected portion of the
Thames River is infrequent. The race is popular and of short duration.
Local commercial entities and the U.S. Navy have been notified of the
race schedule. Vessel traffic may be allowed to transit the regulated
area at the discretion of the Patrol Commander.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal will have a significant
economic impact on a substantial number of small entities. Small
entities include independently owned and operated small businesses that
are not dominant in their field, and that otherwise qualify as ``small
business concerns'' under section 3 of the Small Business Act (15
U.S.C. 632). For the reasons set forth in the above Regulatory
Evaluation, the Coast Guard expects the impact of this regulation to be
minimal, and certifies under 5 U.S.C. 605(b) that this final rule will
not have a significant economic impact on a substantial number of small
entities.
Collection of Information
This regulation 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 action in accordance with the
principles and criteria contained in Executive Order 12612, and has
determined that this regulation does not raise sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impact of this
regulation and concluded that under section 2.B.2.c. of Commandant
Instruction M16475.1B it is an action to protect public safety and is
categorically excluded from further environmental documentation. A
Categorical Exclusion Determination will be made available in the
docket.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
Regulations
For the reasons set forth in the preamble, 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. Paragraph (b) of Sec. 100.101, is temporarily revised to read as
follows:
Sec. 100.101 Harvard-Yale Regatta, Thames River, New London, CT.
* * * * *
(b) Effective period. This section is effective between the hours
of 4 p.m. and 8 p.m. on June 4, 1994. If the races scheduled for June
4, 1994 are postponed, this regulation will be effective between the
hours or 12:45 p.m. and 3:15 p.m. on June 5, 1994.
* * * * *
Dated: May 12, 1994.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 94-12403 Filed 5-19-94; 8:45 am]
BILLING CODE 4910-14-M
