Regattas and marine parades: Bermuda Regatta,

[Federal Register: June 16, 1998 (Volume 63, Number 115)]

[Rules and Regulations]

[Page 32738-32739]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr16jn98-17]

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD01-98-045]

RIN 2115-AE46

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

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is issuing a temporary rule to change the effective dates for the special local regulations for this year's Newport-Bermuda Regatta. The Newport-Bermuda Regatta will be held on June 19, 1998. This event involves up to 120 ocean going sailboats departing the entrance to Narragansett Bay, Newport, RI, and racing to Bermuda, U.K. This regulation is necessary to control vessel traffic within the immediate vicinity of the event due to the confined nature to the event, thus providing for the safety of life and property on the affected navigable waters.

DATES: This rule is effective on June 19, 1998, from 11 a.m. to 3:30 p.m.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Mark A. Cawthorn, Assistant Chief, Search and Rescue Branch, First Coast Guard District, (617) 223-8460.

SUPPLEMENTARY INFORMATION:

Regulatory History

The special local regulation in 33 CFR 100.119 for the biennial Newport-Bermuda Regatta was published on June 24, 1996 at 61 FR 32332. The regulation's effective date does not allow automatic implementation of the rule each year. This regulation is necessary to suspend paragraph (c) of 33 CFR 100.119 and add paragraph (d) specifying the effective dates for this year's event. Good cause exists for providing for this regulation to become effective in less than 30 days after Federal Register publication. Publishing an NPRM would require a 30-day comment period and the final rule would not be effective before the scheduled event. The Coast Guard believes delaying the event in order to provide a 30-day delayed effective date would be contrary to the public interest given this event's local popularity.

Background and Purpose

The Newport-Bermuda regatta is a biennial sailboat race sponsored by Cruising Club of America. Participating sailboats will require favorable navigable conditions. A portion of the East Passage of Narragansett Bay, Newport, Rhode Island will be closed during the effective period. This regulated area is needed to protect life and property during the event. For further information and restrictions regarding this event see 33 CFR 100.119.

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 exempted this temporary rule from review under that order. This temporary rule 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 rule to be so minimal that a full Regulatory Evaluation, under paragraph 10e of the regulatory policies and procedures of DOT, is unnecessary. The effect of this temporary rule will not be significant for several reasons: entry into the regulated area is restricted for a short duration; vessels may transit around the regulated area; and the extensive advance advisories that will be made.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the Coast Guard considered whether this rule would have a significant economic impact on a substantial number of small entities. ``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 rule will not have a significant economic impact on a substantial number of small entities.

[[Page 32739]]

Collection of Information

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

Environment

The Coast Guard has considered the environmental impact of this proposed rule and concluded that under Figure 2-1, paragraph 34(h), of Commandant Instruction M16475.1C, this rule is categorically excluded from further environmental documentation.

List of Subjects in 33 CFR Part 100

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

Final Regulation

For the reasons set out in the preamble, the Coast Guard proposes to temporarily 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 through 1236; 49 CFR 1.46 and 33 CFR 100.35.

  2. From 11 a.m. to 3:30 p.m. on June 19, 1998 in Sec. 100.119, paragraph (c) is suspended and a new paragraph (d) is added to read as follows:

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

    * * * * *

    (d) Effective period. This section is in effect on June 19, 1998, from 11 a.m. to 3:30 p.m.

    Dated: May 29, 1998. James D. Garrison, Captain, U.S. Coast Guard, Acting Commander, First Coast Guard District.

    [FR Doc. 98-15897Filed6-15-98; 8:45 am]

    BILLING CODE 4910-15-M

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