[Federal Register Volume 59, Number 189 (Friday, September 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24156]
[[Page Unknown]]
[Federal Register: September 30, 1994]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD01-94-136]
RIN 2115-AE46
Special Local Regulation; Head of the Connecticut Regatta
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The special local regulations for the Head of the Connecticut
Regatta are being permanently revised to improve the control of vessels
transiting the Connecticut River near the regulated area. This
regulation is needed to better protect race participants from
recreational and commercial vessel traffic.
EFFECTIVE DATE: This regulation is effective on September 30, 1994.
FOR FURTHER INFORMATION CONTACT:
Lieutenant (junior grade) B.M. Algeo, Chief, Boating Affairs Branch,
First Coast Guard District, (617) 223-8311.
SUPPLEMENTARY INFORMATION:
Drafting Information
The drafters of this document are LTJG B.M. Algeo, Project Manager,
First Coast Guard District, and LCDR S.R. Watkins, Project Attorney,
First Coast Guard District Legal Office.
Regulatory History
Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking was not
published for this regulation and good cause exists for making it
effective less than 30 days after Federal Register publication. The
Head of the Connecticut Regatta is an event of longstanding tradition.
The local community is well aware of the conditions necessary to
conduct the event in a safe manner. Last year, the provisions of this
rule were used to temporarily amend the permanent regulation found in
33 CFR 100.105. Based on the positive experience with that temporary
rule change, the Coast Guard believes this amended regulation will
allow the race to be conducted in the safest manner possible while
minimizing the impact on other boaters. Publishing a NPRM and delaying
the event would be contrary to the public interest given the
significant public participation in the regatta and the extensive
planning which has taken place.
Background and Purpose
The permanent special local regulations for the Head of the
Connecticut Regatta are found at 33 CFR 100.105. These regulations have
become outdated insofar as section 100.105(b)(2) allows vessels less
than 20 meters to transit the regulated area between each heat of the
regatta. The number of racing shells and vessels transiting along the
race course has grown to such a level that it is no longer safe to
allow vessels to transit the regulated area between each heat.
Regardless of the amount of planning and control in past years, racing
shells have not followed the predetermined traffic patterns designed to
allow vessels to transit the regulated area between heats. The race
sponsor and the Coast Guard have developed a race and escort plan for
the regatta which will allow vessels to transit the regulated area
under escort throughout the race. Accordingly, section 100.105(b)(2) is
being revised to allow vessel transits through the regulated area only
at the discretion of, and under the escort of, the Coast Guard patrol
commander. Based on the successful use of this provision during last
year's race, the Coast Guard considers this permanent change to the
regulation advisable in the interest of safety.
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.
Commercial traffic on the affected portion of the Connecticut River
is sparse. The race is popular and is anticipated to draw business to
the local community. Local commercial entities have been notified of
the race schedule. Because of the short duration of the event and the
advisories that will be made, commercial entities will be able to
adjust to any disruptions. The permanent change should reduce the
amount of time it takes for nonparticipants to transit through the
regulated area, thus further limiting the impact of the rule.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this regulation 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 explained in the Regulatory Evaluation above, the
Coast Guard expects the impact of this regulation to be minimal and
certifies under 5 U.S.C. 605(b) that this regulation 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 regulation in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this regulation does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard 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 under the Coast Guard's statutory
authority to protect public safety, and thus 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.
Final Regulation
In consideration of the foregoing, 33 CFR Part 100 is amended 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 100.105 is amended by revising paragraph (b)(2) as
follows:
Sec. 100.105 Head of the Connecticut Regatta.
* * * * *
(b) * * *
(2) Vessels less than 20 meters in length will be allowed to
transit the regulated area only under escort and at the discretion of
the Coast Guard patrol commander.
* * * * *
Dated: September 15, 1994.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 94-24156 Filed 9-29-94; 8:45 am]
BILLING CODE 4910-14-M
