[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]


-----------------------------------------------------------------------


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.

-----------------------------------------------------------------------

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