[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]



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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.

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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]
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