Special Local Regulation: Harvard-Yale Regatta, Thames River, New London, CT

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD01-95-017]

RIN 2115-AE46

Special Local Regulation: Harvard-Yale Regatta, Thames River, New

London, CT

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend 33 CFR Sec. 100.101

governing the Harvard-Yale Regatta. The specified race time of 10 a.m.

until 1:30 p.m. would be deleted to allow for a flexible race period.

Notice of each year's race time would be published in a Local Notice to

Mariners and the Federal Register. A flexible time period is warranted

because the actual race schedule is based on specific tidal conditions

which occur at various hours of the day and which differ from year to

year

DATES: Comments must be received on or before June 23, 1995.

ADDRESSES: Comments should be mailed to Commander(b), First Coast Guard

District, Captain John Foster Williams Federal Building, 408 Atlantic

Ave., Boston, Massachusetts 02110-3350. Comments also 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.

FOR FURTHER INFORMATION CONTACT:

Lieutenant (junior grade) B.M. Algeo, Chief, Boating Safety 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.

Persons submitting comments should include their names and addresses,

identify this notice (CGD01-95-017), the specific section of the

proposal to which each comment applies, and give reasons for each

comment. The Coast Guard requests that all comments and attachments be

submitted in an 8\1/2\'' x 11'' unbound 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.

The Coast Guard will consider all comments received during the

comment period. It may change this proposal in view of the comments.

The Coast Guard plans no 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 it determines that the opportunity for

oral presentations will aid this rulemaking, the Coast Guard will hold

a public hearing at a time and place announced by a later notice in the

Federal Register.

Drafting Information

The drafters of this notice are LTJG B.M. Algeo, Project Manager,

Boating Safety Affairs Branch and LCDR S.R. Watkins, Project Counsel,

District Legal Office.

Background and Purpose

The annual Harvard-Yale Regatta is a long-standing traditional race

entering its 130th year. The race is held in the Thames River, New

London, CT, between the Penn Central Drawbridge [[Page 20066]] and

Bartlett Cove. The regatta consists of three races of two, nine-men

racing shells. The event is expected to draw up to 100 spectator craft.

The Coast Guard expects no significant difference in the race from

years past. This proposal would give the race sponsors greater

flexibility in scheduling race times around the prevailing tidal

conditions.

Discussion of Proposed Amendments

The Coast Guard proposes to permanently amend the Special Local

Regulation found in 33 CFR Sec. 100.101 governing the Harvard-Yale

Regatta. The existing regulation provides for an effective period of 10

a.m. until 1:30 p.m. for the regulated area. Because a race of this

nature is dependent upon certain tidal conditions which differ in time

from year to year, the Coast Guard proposes to delete the specific time

period from the regulation. A provision allowing for annual notice of

the race time would be made a part of the permanent regulation. This

notice of specific race times for any given year would be published in

a Local Notice to Mariners and the Federal Register prior to the event.

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, is unnecessary. This

conclusion is based on the limited duration of the race, the extensive

advisories that have been and will be made to the affected maritime

community, and the fact that the event is taking place in an area where

the only commercial interests affected are a few marinas. This

regulation also will allow vessels to transit to and from these

affected marinas under Coast Guard escort or as otherwise directed by

the Patrol Commander.

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 fields 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,

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 in accordance with 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 is considering the environmental impact of this

proposal, and it is expected that preparation of an environmental

impact statement will not be necessary. An Environmental Assessment and

a Finding of No Significant Impact will be made 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 recordkeeping

requirements, Waterways.

For reasons set out in the preamble, the Coast Guard proposes to

amend 33 CFR part 100 as follows:

PART 100--[AMENDED]

1. The authority citation for Part 100 continues to read as

follows:

Authority: 33 USC 1233; 49 CFR 1.46 and 33 CFR 100.35.

2. In section 100.101 paragraph (b) is revised to read as follows:

Sec. 100.101 Harvard-Yale Regatta, Thames River, New London, CT.

* * * * *

(b) Effective period. This regulation will be effective annually on

the first or second Saturday in June at times to be determined and as

published in the Coast Guard Local Notice to Mariners and a Federal

Register Notice. In case of postponement, this regulation will be in

effect the following day.

* * * * *

Dated: March 10, 1995.

J.L. Linnon,

Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.

[FR Doc. 95-10068 Filed 4-21-95; 8:45 am]

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