[Federal Register Volume 60, Number 78 (Monday, April 24, 1995)]
[Proposed Rules]
[Pages 20065-20066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10068]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD01-95-017]
RIN 2115-AE46


Special Local Regulation: Harvard-Yale Regatta, Thames River, New 
London, CT

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend 33 CFR Sec. 100.101 
governing the Harvard-Yale Regatta. The specified race time of 10 a.m. 
until 1:30 p.m. would be deleted to allow for a flexible race period. 
Notice of each year's race time would be published in a Local Notice to 
Mariners and the Federal Register. A flexible time period is warranted 
because the actual race schedule is based on specific tidal conditions 
which occur at various hours of the day and which differ from year to 
year

DATES: Comments must be received on or before June 23, 1995.

ADDRESSES: Comments should be mailed to Commander(b), First Coast Guard 
District, Captain John Foster Williams Federal Building, 408 Atlantic 
Ave., Boston, Massachusetts 02110-3350. Comments also may be hand-
delivered to room 428 at the same address between 8 a.m. and 4 p.m., 
Monday through Friday, except federal holidays.

FOR FURTHER INFORMATION CONTACT:
Lieutenant (junior grade) B.M. Algeo, Chief, Boating Safety Affairs 
Branch, First Coast Guard District, (617) 223-8311.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this notice (CGD01-95-017), the specific section of the 
proposal to which each comment applies, and give reasons for each 
comment. The Coast Guard requests that all comments and attachments be 
submitted in an 8\1/2\'' x 11'' unbound format suitable for copying and 
electronic filing. If that is not practical, a second copy of any bound 
material is requested. Persons requesting acknowledgment of receipt of 
comments should enclose a stamped, self-addressed postcard or envelope.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments. 
The Coast Guard plans no public hearing. Persons may request a public 
hearing by writing to Commander(b), First Coast Guard District at the 
address under ADDRESSES. The request should include reasons why a 
hearing would be beneficial. If it determines that the opportunity for 
oral presentations will aid this rulemaking, the Coast Guard will hold 
a public hearing at a time and place announced by a later notice in the 
Federal Register.

Drafting Information

    The drafters of this notice are LTJG B.M. Algeo, Project Manager, 
Boating Safety Affairs Branch and LCDR S.R. Watkins, Project Counsel, 
District Legal Office.

Background and Purpose

    The annual Harvard-Yale Regatta is a long-standing traditional race 
entering its 130th year. The race is held in the Thames River, New 
London, CT, between the Penn Central Drawbridge [[Page 20066]] and 
Bartlett Cove. The regatta consists of three races of two, nine-men 
racing shells. The event is expected to draw up to 100 spectator craft. 
The Coast Guard expects no significant difference in the race from 
years past. This proposal would give the race sponsors greater 
flexibility in scheduling race times around the prevailing tidal 
conditions.

Discussion of Proposed Amendments

    The Coast Guard proposes to permanently amend the Special Local 
Regulation found in 33 CFR Sec. 100.101 governing the Harvard-Yale 
Regatta. The existing regulation provides for an effective period of 10 
a.m. until 1:30 p.m. for the regulated area. Because a race of this 
nature is dependent upon certain tidal conditions which differ in time 
from year to year, the Coast Guard proposes to delete the specific time 
period from the regulation. A provision allowing for annual notice of 
the race time would be made a part of the permanent regulation. This 
notice of specific race times for any given year would be published in 
a Local Notice to Mariners and the Federal Register prior to the event.

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 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 limited duration of the race, the extensive 
advisories that have been and will be made to the affected maritime 
community, and the fact that the event is taking place in an area where 
the only commercial interests affected are a few marinas. This 
regulation also will allow vessels to transit to and from these 
affected marinas under Coast Guard escort or as otherwise directed by 
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 fields and that otherwise qualify as 
``small business concerns'' under section 3 of the Small Business Act 
(15 U.S.C. 632).
    For reasons set forth in the above Regulatory Evaluation, the Coast 
Guard certifies under 5 U.S.C. 605(b) that this proposal, if adopted, 
will not have a significant economic impact on a substantial number of 
small entities.

Collection of Information

    This proposal 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 proposal in accordance with the 
principles and criteria contained in Executive Order 12612 and has 
determined that this proposal does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard is considering the environmental impact of this 
proposal, and it is expected that preparation of an environmental 
impact statement will not be necessary. An Environmental Assessment and 
a Finding of No Significant Impact will be made available in the docket 
for inspection or copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For reasons set out in the preamble, the Coast Guard proposes to 
amend 33 CFR part 100 as follows:

PART 100--[AMENDED]

    1. The authority citation for Part 100 continues to read as 
follows:

    Authority: 33 USC 1233; 49 CFR 1.46 and 33 CFR 100.35.

    2. In section 100.101 paragraph (b) is revised to read as follows:


Sec. 100.101  Harvard-Yale Regatta, Thames River, New London, CT.

* * * * *
    (b) Effective period. This regulation will be effective annually on 
the first or second Saturday in June at times to be determined and as 
published in the Coast Guard Local Notice to Mariners and a Federal 
Register Notice. In case of postponement, this regulation will be in 
effect the following day.
* * * * *
    Dated: March 10, 1995.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 95-10068 Filed 4-21-95; 8:45 am]
BILLING CODE 4910-14-M