[Federal Register Volume 61, Number 59 (Tuesday, March 26, 1996)]
[Proposed Rules]
[Pages 13120-13122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7306]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 100

[CGD07-96-014]
RIN 2115-AE46


Special Local Regulations; River Race Augusta; Augusta, GA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish permanent special local 
regulations for the River Race Augusta. This event will be held 
annually on Friday, Saturday and Sunday during the second week of June, 
between 7 a.m. and 5 p.m. Eastern Daylight Time. Historically, there 
have been

[[Page 13121]]
approximately sixty participants racing 16 to 18 foot outboard power 
boats on that portion of the Savannah River at Augusta, GA, between 
U.S. Highway 1 (Fifth St) Bridge at mile marker 199.45 and Eliot's Fish 
Camp at mile marker 197. The boats would be competing at high speeds 
and at close range on a prescribed course. The nature of the event and 
the closure of the Savannah River creates an extra or unusual hazard in 
the navigable waters. These proposed regulations are necessary to 
provide for the safety of life on navigable waters during the event. By 
establishing these proposed permanent regulations, the Coast Guard 
expects to give better notice of requirements related to marine events, 
and also avoid the recurring costs of publication related with 
temporary regulations. However, the establishment of these proposed 
permanent regulations would not relieve the event organizers from 
applying for an annual marine event permit.

DATES: Comments must be received on or before May 15, 1996.

ADDRESSES: Comments may be mailed to Commander, U.S. Coast Guard Group 
Charleston, 196 Tradd Street, Charleston, SC 29401, or may be delivered 
to operations office at the same address between 7:30 a.m. and 3:30 
p.m., Monday through Friday, except federal holidays. The telephone 
number is (803) 724-7621. Comments will become a part of the public 
docket and will be available for copying and inspection at the same 
address.

FOR FURTHER INFORMATION CONTACT:
ENS M.J. DaPonte, Coast Guard Group Charleston at (803) 724-7621.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written views, data, or arguments. 
Persons submitting comments should include their names, addresses, 
identify the notice (CGD07-96-014) and the specific section of this 
proposal to which their comments apply, and give reasons for each 
comment. The Coast Guard will consider all comments received during the 
comment period. The regulations may be changed in view of the comments 
received. All comments received before the expiration of the comment 
period will be considered before final action is taken on this 
proposal.
    No public hearing is planned, but one may be held if the written 
requests for a hearing are received, and it is determined that the 
opportunity to make oral presentations will add to the rulemaking 
process.

Discussion of Proposed Regulations

    The proposed regulations are needed to provide for the safety of 
life during the River Race Augusta. These proposed regulations are 
intended to promote safe navigation on the waters off Augusta on the 
Savannah River during the races by controlling the traffic entering, 
exiting, and traveling within these waters. Historically, the 
anticipated concentration of spectator and participant vessels 
associated with the River Race has posed a safety concern, which is 
addressed in these proposed special local regulations. The proposed 
regulations would not permit the entry or movement of spectator vessels 
and other nonparticipating vessel traffic between the U.S. Highway 
Route 1 (Fifth Street) Bridge at mile marker 199.45 and Eliot's Fish 
Camp at mile marker 197 from 7 a.m. to 5 p.m. annually, Friday, 
Saturday and Sunday of the second week of June. The proposed 
regulations would permit the movement of spectator vessels and other 
non-participants after the termination of race each day, and during 
intervals between scheduled events at the discretion of the Coast Guard 
Patrol Commander.

Regulatory Evaluation

    This proposal is not a significant regulatory action under Section 
3(f) of the Executive Order 12866 and does not require an assessment of 
the 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 
proposed rule to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary. The proposed regulation would last for only 10 hours each 
day of the event.

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 reasons set forth in the above Regulatory Evaluation, the Coast 
Guard certifies under 5 U.S.C. 605 (b) that this proposal, if adopted, 
would not have a significant economic impact on a substantial number of 
small entities.

Collection of Information

    These proposed regulations contain no collection of information 
requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et 
seq.).

Federalism

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that the rulemaking does not have sufficient Federalism implications to 
warrant the preparation of a Federalism Assessment.

Environmental Assessment

    The Coast Guard has considered the environmental impact on this 
proposal consistent with Section 2.B.2. of Commandant Instruction 
M16475.1B. In accordance with that section, this proposed action has 
been environmentally assessed (EA completed), and the Coast Guard has 
concluded that it will not significantly affect the quality of the 
human environment. An environmental assessment and a finding of no 
significant impact have been prepared and are 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 record keeping 
requirements, Waterways.

Proposed Regulations

    In consideration of the foregoing, Part 100 of Title 33, Code of 
Federal Regulations, is proposed for amendment as follows:
    1. The authority citation for Part 100 continues to read as 
follows:

PART 100--[AMENDED]

    Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35

    2. A new section 100.712 is added to read as follows:


Sec. 100.712  Annual River Race Augusta; Savannah River, Augusta GA.

    (a) Definitions: (1) Regulated area. The regulated area is formed 
by a line drawn directly across the Savannah River at the U.S. Highway 
1 (Fifth Street) Bridge at mile marker 199.45 and directly across the 
Savannah River at Eliot's Fish Camp at mile marker 197. The regulated 
area would encompass

[[Page 13122]]
the width of the Savannah River between these two lines.
    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard who has 
been designated by the Commander, Coast Guard Group Charleston, South 
Carolina.
    (b) Special local regulations. (1) Entry into regulated area is 
prohibited to all non-participants.
    (2) After termination of the River Race Augusta each day, and 
during intervals between scheduled events, at the discretion of the 
Coast Guard Patrol Commander, all vessels may resume normal operations.
    (c) Effective Dates. This section is effective at 7 a.m. and 
terminates at 5 p.m. annually on Friday, Saturday and Sunday of the 
second week of June. However, the requirements of this section may be 
waived by a Coast Guard Notice to mariners.

    Dated: March 13, 1996.
Roger T. Rufe, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 96-7306 Filed 3-25-96; 8:45 am]
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