[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Proposed Rules]
[Pages 21999-22001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11902]



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DEPARTMENT OF TRANSPORTATION
Coast Guard

33 CFR Part 100

[CGD01-96-025]
RIN 2115-AE 46


Special Local Regulation: Newport-Bermuda Regatta, Narragansett 
Bay, Newport, RI

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a permanent special 
local regulation for the Newport-Bermuda Regatta. The event will be 
held on June 21, 1996, and biennially thereafter on even numbered years 
on the third Friday in June. The regatta begins in the approach to 
Newport Harbor, Newport, RI, in the East Passage of Narragansett Bay, 
continuing offshore to Bermuda, U.K. This regulation is needed to 
control vessel movement in the confined waters of the regatta start 
area.

DATES: Comments must be received on or before June 12, 1996.

ADDRESSES: Comments should be mailed to Commander (b), First Coast 
Guard District, Captain John Foster Williams Federal Building, 408 
Atlantic Ave., Boston, MA 02110-3350, or 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. Comments will become part of this 
docket and will be available for inspection or copying at the above 
address.

FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) Benjamin. M. Algeo, Chief, Boating 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. Each 
person submitting comments should include their name and address, 
identify this notice (CGD01-96-025), the specific section of the 
proposal to which each comment applies, and give the reason for each 
comment. Comments and attachments should be submitted on

[[Page 22000]]

8\1/2\''  x  11'' unbound paper in a 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. 
All comments received during the comment period will be considered by 
the Coast Guard and may change this proposal.
    The Coast Guard has no plans to hold a 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 the Coast Guard 
determines that oral presentations will aid this rulemaking, it will 
hold a public hearing at a time and place announced by a later notice 
in the Federal Register.
    Good cause exists to provide for a comment period less than 45 
days. Due to the need to provide public notice and establish 
regulations for this year's event, a longer comment period is 
impracticable and contrary to the public interest.

Discussion of Proposed Amendments

    The 1996 Newport-Bermuda Regatta is the fortieth running of the 
event. In the past, the Coast Guard has promulgated individual 
regulations for each year's race. Given the recurring nature of the 
event, the Coast Guard desires to establish a permanent regulation. The 
proposed regulation would establish a regulated area on Narragansett 
Bay, in the East Passage, and would provide specific guidance to 
control vessel movement during the race.
    This event includes up to 120 ocean going sailboats racing from the 
approach to the entrance of Newport Harbor, Newport, RI, to Bermuda, 
U.K. The event typically attracts approximately 150-200 spectator 
craft. The Coast Guard will assign a patrol to the event, and the race 
course starting area will be marked. However, due to the large number 
of participants and anticipated spectator craft, it is necessary to 
establish a special local regulation to control spectator and 
commercial vessel movement within the confined starting area. Spectator 
craft are authorized to watch the race from any area as long as they 
remain outside the designated regulated area.
    The proposed section will be effective biennially on even numbered 
years on the third Friday in June. In emergency situations, provisions 
may be made to establish safe escort by a Coast Guard or Coast Guard 
designated vessel for vessels requiring transit through the regulated 
area.

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, in unnecessary. This 
conclusion is based on the limited duration of the race, the extensive 
advisories that will be made to the affected maritime community, and 
the minimal restrictions which the regulation places on vessel traffic.

Small Entities

    Under the Regulatory flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider the economic impact on small entities of a 
rule for which a general notice of proposed rulemaking is required. 
``Small entities'' may include (1) small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields and (2) governmental jurisdictions with 
populations of less than 50,000.
    For the reasons discussed in the Regulatory Evaluation, the Coast 
Guard certifies under 5 U.S.C. 605(b) that this proposal 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 under 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 has considered the environmental impacts of this 
proposal and concluded that, under paragraph 2.B.2.e.34(h) of COMDTINST 
16475.1B, (as revised by 61 FR 13563, March 27, 1996) this proposal is 
a special local regulation issued in conjunction with a regatta or 
marine parade and is categorically excluded from further environmental 
documentation.

List of Subjects in 33 CFR Part 100

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

Proposed Regulation

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 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. A permanent section, 100.119, is added to read as follows:


Sec. 100.119 Newport  Bermuda Regatta, Narragansett Bay, Newport, RI.

    (a) Regulated Area. The regulated area includes all waters of 
Narragansett Bay, Newport, RI, within the following points (NAD 83):


Latitude                             Longitude                          
41 deg.27'51'' N                     071 deg.22'14'' W                  
41 deg.27'24'' N                     071 deg.21'57'' W                  
41 deg.27'09'' N                     071 deg.22'39'' W                  
41 deg.27'36'' N                     072 deg.22'55'' W                  
                                                                        


In the event that weather conditions prohibit a safe race start within 
the approach to Newport Harbor, the race will begin offshore and the 
following regulated area applies (NAD 83)


Latitude                             Longitude                          
41 deg.26'04'' N                     071 deg.22'16'' W                  
41 deg.25'36'' N                     071 deg.21'58'' W                  
41 deg.25'45'' N                     071 deg.22'40'' W                  
41 deg.25'49'' N                     071 deg.22.56'' W                  
                                                                        


    (b) Special Local Regulations.
    (1) The Coast Guard patrol commander may delay, modify, or cancel 
the race as considerations or circumstances require.
    (2) No person or vessel may enter, transit, or remain in the 
regulated area unless participation in the event or unless authorized 
by the Coast Guard patrol commander.
    (3) Vessels encountering emergencies which require transit through 
the regulated area should contact the Coast Guard patrol commander on 
VHF Channel 16. In the event of an emergency, the Coast Guard patrol 
commander may authorize a vessel to transit through the regulated area 
with a Coast Guard designated escort.
    (4) All persons and vessels shall comply with the instructions of 
the Coast Guard on-scene patrol

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commander. On scene patrol personnel may included commissioned, 
warrant, and petty officers of the U.S. Coast Guard. Upon hearing five 
or more short blasts from a U.S. Coast Guard vessel, the operator of a 
vessel shall proceed as directed. Members of the Coast Guard Auxiliary 
may also be present to inform vessel operators of this regulation and 
other applicable laws.
    (c) Effective period. This section is in effect on June 21, 1996, 
from 10:00 a.m. to 3:30 p.m., and biennially thereafter on even 
numbered years on the third Friday in June.

    Dated: April 30, 1996.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 96-11902 Filed 5-10-96; 8:45 am]
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