[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become outdated insofar as section 100.105(b)(2) allows vessels less 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