Special Local Regulation: Newport Offshore Grand Prix, Narragansett Bay, Newport, RI

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD01-95-007]

Special Local Regulation: Newport Offshore Grand Prix,

Narragansett Bay, Newport, RI

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes a temporary Special Local Regulation

for the Newport Offshore Grand Prix regatta. The regatta will be held

on Sunday, May 21, 1995, in the waters of Narragansett Bay, Newport,

RI. This regulation is needed to protect the boating public from the

hazards associated with high speed powerboat racing in confined waters.

DATES: Comments must be received on or before May 4, 1995.

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 (j.g.) B.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.

Persons submitting comments should include their names and addresses,

identify this notice (OGD01-95-007), 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

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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.

The shortened comment period for this regulation was caused by a

delay in receiving necessary information from the event sponsor. The

Coast Guard considers this shortened comment period to be adequate

because considerable promotional efforts undertaken by the sponsor have

effectively publicized the event throughout the local area. The

shortened comment period will allow sufficient time for the public to

make substantive comments on the proposed rule.

Drafting Information. The drafters of this notice are Lieutenant

(j.g.) B.M. Algeo, project Manager, First Coast Guard District, and

Lieutenant Commander S.R. Watkins, Project Counsel, First Coast Guard

District Legal Office.

Background and Purpose

On September 20, 1994, the sponsor, Boston International Sports

Promotions, Inc., submitted a request to hold a powerboat race in

Narragansett Bay, Newport, RI. The Coast Guard is considering

establishing a temporary regulation in Narragansett Bay for this event

known as the ``Newport Offshore Grand Prix.'' The proposed regulation

would establish two regulated areas in Narragansett Bay and would

provide specific guidance to control vessel movement during the race.

This event will include up to 70 powerboats competing on a

rectangular course at speeds approaching 125 m.p.h. Due to the inherent

dangers of a race of this type, vessel traffic will be temporarily

restricted to provide for the safety of the spectators and

participants.

The sponsor will provide a minimum of 25 picket boats and a minimum

of 4 medical boats manned by emergency medical technicians. All sponsor

resources will be identified with regatta signs or flags, in accordance

with American Power Boat Association, to augment the Coast Guard patrol

that will be assigned to the event. The race course will be well marked

and patrolled, but due to the speed and proximity of the participating

vessels, it is necessary to establish a Special Local Regulation to

control spectator and commercial vessel movement within this confined

area.

Discussion of Proposed Amendments

The Coast Guard proposes to establish a Special Local Regulation on

specified waters of Narragansett Bay, Newport, Rhode Island. The

Regulated Race Course Area will be closed to all traffic from 10:30

a.m. to 4:30 p.m. on May 21, 1995. The Regulated Milling Area will be

closed to all traffic from 12:00 p.m. to 3:30 p.m. on May 21, 1995.

However, in emergency situations, provisions will be made to establish

safe escort by Coast Guard designated vessels for mariners requiring

transit through any regulated area. This regulation is needed to

protect spectators and participants from the hazards that accompany a

high speed powerboat race in a confined 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 the 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 and a small

fishing fleet.

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 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 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 impacts of both

the proposed Special Regulations and the Newport Offshore Grand Prix.

It is anticipated that an Environmental Assessment (EA) will be written

concerning the potential environmental-impacts resulting from this high

speed power boat race for which the Coast Guard has received an

``Application for Marine Event Permit.'' Comments in this regard should

be forwarded to the address listed under ADDRESSES.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water), Reporting and recordkeeping

requirements, Waterways.

For the 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 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.

2. A temporary section, Sec. 100.35-T01007, is added to read as

follows:

Sec. 100.35-T01007 Newport Offshore Grand Prix, Newport, RI.

(a) Regulated Race Course Area. This regulated area provides a 200

yard safety zone around the race course coordinates and includes all

waters within the following points:

Latitude Longitude

41 deg.28.15'' N 071 deg. 24.18'' W

41 deg.26.27'' N 071 deg.24.18'' W

41 deg.23.18'' N 071 deg.26.48'' W

41 deg.22.42'' N 071 deg.22.48'' W

41 deg.27.42'' N 071 deg.21.54'' W

(b) Regulated Milling Area. This regulated area provides adequate

milling spaces for powerboat participants prior to and at the

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conclusion of the race. It will include all waters within the following

points: from Fort Adams, to Mitchell Rock GB 3 (LLNR 17865), to Rose

Island LBB 12 (LLNR 17855), to Dumplings LBB 11 (LLNR 17810).

(c) Special Local Regulations.

(1) Commander, U.S. Coast Guard Group Woods Hole reserves the right

to delay, modify, or cancel the race as conditions or circumstances

require.

(2) No person or vessel may enter, transit, or remain in the

regulated area during the effective period of regulation unless

participating in the event or unless authorized by the Coast Guard

patrol commander.

(3) Vessels desiring to transit through the West Passage may do so

without Coast Guard approval as long as the vessel remains outside the

regulated areas at specified times. No vessel will be allowed to

transit through any portions of the regulated Race Course Area during

the actual race. In the event of an emergency, the Coast Guard patrol

commander may authorize a vessel to transit through the regulated areas

with a Coast Guard designated escort. Vessels encountering emergencies

which require transit through the regulated areas should contact the

Coast Guard patrol commander on VHF Channel 16.

(4) Spectator craft are authorized to watch the race from any area

as long as it remains outside of the designated regulated areas.

Spectator craft are required to be at their desired location no later

than 12:30 p.m.

(5) All persons and vessels shall comply with the instructions of

the Commander, U.S. Coast Guard Group Woods Hole or the designated on-

scene patrol commander. On-scene patrol personnel include commissioned,

warrant, and petty officers of the U.S. Coast Guard. Upon hearing five

or more blasts from a U.S. Coast Guard vessel, the operator of a vessel

shall stop immediately, then proceed as directed. Members of the Coast

Guard Auxiliary will also be present to inform vessel operators of this

regulation and other applicable laws.

(d) Effective period. This section will be effective from 10:30

a.m. to 4:30 p.m. on Sunday, May 21, 1995, unless otherwise specified

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

Register.

Dated: April 3, 1995.

R. R. Clark,

Captain, U.S. Coast Guard, Acting Commander, First Coast Guard

District.

[FR Doc. 95-9038 Filed 4-12-95; 8:45 am]

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