[Federal Register Volume 65, Number 191 (Monday, October 2, 2000)]
[Rules and Regulations]
[Pages 58654-58655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25268]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-00-218]
RIN 2115-AA97


Safety Zone: 2nd Annual Head to the New River Front Regatta, 
Hartford, Connecticut

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone for the 2nd 
Annual Head to the New River Front Regatta in the Connecticut River, 
Hartford, CT, on October 15, 2000. This action is needed to protect the 
vessels of the regatta, recreational and commercial vessels and their 
passengers and crews during the regatta. Entry into this safety zone is 
prohibited unless authorized by the Captain of the Port.

DATES: This rule is effective from 9 a.m. October 15, 2000 until 3 
p.m., October 15, 2000.

ADDRESSES: Documents relating to this temporary final rule are 
available for inspection or copying at U.S. Coast Guard Group/Marine 
Safety Office Long Island Sound, 120 Woodward Avenue, New Haven, CT 
06512 between 7:30 a.m. and 4 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: MSTC Chris Stubblefield, Command 
Center, Long Island Sound at (203) 468-4428.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a NPRM. The Coast Guard also finds good 
cause to make this rule effective less than 30 days after publication 
in the Federal Register. The sponsor of the event did not provide the 
Coast Guard with the final details for the event in sufficient time to 
publish a NPRM or a final rule 30 days in advance. The delay 
encountered if normal rulemaking procedures were followed would 
effectively cancel the event.

Background and Purpose

    The River Front Recapture, Inc. is sponsoring a regatta from 
Connecticut River marker #138 to 1 nautical mile north of the Founders 
Bridge on October 15, 2000.

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. The 
Office of Management and Budget has not reviewed it 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. Although 
this regulation prevents traffic from transiting portions of the 
Connecticut River, the effect of this regulation will not be 
significant for several reasons: the duration of the safety zone is 
limited and the extensive advance notifications that will be made to 
the maritime community via the Local Notice to Mariners and marine 
information broadcasts. Mariners will be able to adjust their plans 
accordingly based on the extensive advance information. Additionally, 
this safety zone has been narrowly tailored to impose the least impact 
on maritime interests yet provide the level of safety deemed necessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. Small 
businesses may send comments on the actions of Federal employees who 
enforce, or otherwise determine compliance with Federal regulations to 
the Small Business and Agriculture Regulatory Enforcement Ombudsman and 
the Regional Small Business Regulatory Fairness Boards. The Ombudsman 
evaluates these actions annually and rates each agency's responsiveness 
to small business. If you wish to comment on actions by employees of 
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under E.O. 12630, Governmental Actions and 
Interference with Constitutionally Protected Property Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under E.O. 13045, Protection of Children 
from Environmental Health Risks and Safety Risks. This rule is not an 
economically significant rule and does not concern an environmental 
risk to health or risk to safety that may disproportionately affect 
children.

Environment

    The Coast Guard considered the environmental impact of this rule 
and

[[Page 58655]]

concluded that under figure 2-1, paragraph (34)(g), of Commandant 
Instruction M16475.lC, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket for inspection or copying where indicated 
under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reports and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--[AMENDED]

    1. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6 and 160.5; 49 CFR 1.46. Section 165.100 is also 
issued under authority of Sec. 311, Pub. L. 105-383.


    2. Add temporary Sec. 165.T01-CGD1-218 to read as follows:


Sec. 165.T01-CGD1-218  2nd Annual Head to the New River Front Regatta, 
Hartford, CT.

    (a) Location. The safety zone includes all waters of the 
Connecticut River within the marked boundaries of the race course from 
Connecticut River marker #138 to 1 nautical mile north of the Founders 
Bridge.
    (b) Effective date. This section is effective on October 15, 2000 
from 9 a.m. until 3 p.m., October 15, 2000.
    (c) (1) Regulations. The general regulations covering safety zones 
contained in Sec. 165.23 of this part apply.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated on scene patrol 
personnel. U.S. Coast Guard patrol personnel include commissioned, 
warrant, and petty officers of the Coast Guard. Upon being hailed by a 
U. S. Coast Guard Vessel via siren, radio, flashing light, or other 
means, the operator of a vessel shall proceed as directed.

    Dated: September 20, 2000.
David P. Pekoske,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 00-25268 Filed 9-29-00; 8:45 am]
BILLING CODE 4910-15-U