[Federal Register Volume 60, Number 102 (Friday, May 26, 1995)]
[Rules and Regulations]
[Pages 27885-27886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13024]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD01-95-017]
Special Local Regulation: Harvard-Yale Regatta, Thames River, New
London, CT
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The annual Harvard-Yale Regatta is a rowing race event held on
the Thames River in New London, Connecticut. This regulation
temporarily amends the permanent regulation published in 33 CFR 100.101
by changing the time period for the 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 the affected navigable waters.
EFFECTIVE DATES: This rule is effective from 3:30 p.m. to 8 p.m. on
June 10, 1995. If the event is postponed for any reason, the
regulations will be effective between the hours of 6 a.m. and 9 a.m. on
June 11, 1995.
FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) Benjamin M. Algeo, Chief Boating 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 Affairs Branch, First Coast
Guard District and Lieutenant Commander S.R. Watkins, project counsel,
First Coast Guard District Legal Office.
Regulatory History
A notice of proposed rulemaking (NPRM) was published on April 24,
1995 proposing a permanent change to the effective period in the
current regulation found in 33 CFR 100.101. The proposed change would
provide for a flexible time period during which the event would be held
because event times are dependent upon certain tidal conditions which
vary from year to year. The comment period established in the April 24,
1995 NPRM extends beyond the date of this year's race, therefore a
temporary final rule is necessary to change the event times for this
year's race. No NPRM was published specifically for this temporary
final rule 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 optimal tidal conditions. Little
commercial traffic is known to transit the area. 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
This temporary final rule changes the published time of the
Harvard-Yale Regatta found in the permanent regulation at 100 CFR
100.101. The event sponsor has determined that optimal tidal conditions
for this year's event exist between 3:30 p.m. and 8 p.m. on Saturday,
June 10, 1995 (and between 6 a.m. and 9 a.m. on the alternate date,
Sunday, June 11, 1995). These race times also 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 will allow
vessels to transit the regulated area under Coast Guard escort.
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,
[[Page 27886]] 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 this rule
makes only a slight change to the effective period found in the
permanent rule at 33 CFR 100.101. 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 rule 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 temporary 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 Federal Assessment.
Environment
The Coast Guard has considered the environmental impact of this
regulation and in accordance with paragraph 2.B.2.e(35)(3) of
Commandant Instruction M16475.1B, the event is deemed to be
categorically excluded from further environmental documentation.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Records and recordkeeping
requirements, Waterways.
For the reasons set forth in the preamble, the Coast Guard
temporarily amends part 100 of title 33, Code of Federal Regulations,
as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
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. In Sec. 100.101, paragraph (b) is suspended and a new paragraph
(d) is temporarily added to read as follows:
Sec. 100.101 Harvard-Yale Regatta, Thames River, New London, CT.
* * * * *
(d) Effective period. This section is effective between the hours
of 3:30 p.m. and 8 p.m. on June 10, 1995. If the races scheduled for
June 10, 1995 are postponed, this section will be effective between the
hours of 6 a.m. and 9 a.m. on June 11, 1995.
Dated: May 15, 1995.
J.L. Linnon,
Rear Admiral, U. S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 95-13024 Filed 5-25-95; 8:45 am]
BILLING CODE 4910-14-M
