Special Local Regulation: Connecticut River Raft Race, Middletown, CT

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD01-95-058]

RIN 2115-AE 46

Special Local Regulation: Connecticut River Raft Race,

Middletown, CT

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend the regulations governing

the Connecticut River Raft Race. The event name would change to the

``Great Connecticut River Raft Race'' due to a change in sponsor. The

regulated area would move upriver to coincide with a change in the race

course. The effective period would also change to July 27, 1996, and

each year thereafter on a date and times specified in a Federal

Register document. This regulation is necessary to control vessel

traffic within the regulated area due to the confined nature of the

waterway and anticipated congestion at the time of the event, thus

providing for the safety of life and property on the affected navigable

waterway.

DATES: Comments must be received on or before June 27, 1996.

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) 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 (CGD01-95-058), 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 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 acknowledgement 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.

Discussion of Proposed Amendments

The Connecticut River Raft Race is in its twenty-second year, and

is a popular local event. A permanent special local regulation, 33 CFR

Part 100.102, governs the running of the event. Due to a change in

sponsor, the name of the event will change to the ``Great Connecticut

River Raft Race'' and the location of the race will be moved a short

distance upriver. The event will continue to be annually recurring,

therefore, the Coast Guard proposes to permanently amend the special

local regulation found in 33 CFR Part 100.102. The race course and

regulated area will change to consist of that portion of the

Connecticut River between Marker nos. 92 and 73, Middletown, CT. The

event date will also change from the first Saturday in August to the

last Saturday in July or first Saturday in August.

This event will include up to 60 homemade rafts and is expected to

draw up to 100 spectator craft. The Coast Guard, Connecticut Department

of Environmental Protection, and local fire and police departments will

each assign a patrol to the event. However, due to the restricted

maneuverability of the participating rafts, it is necessary to

establish a special local regulation to control spectator and

commercial vessel movement within this confined 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 annually on the last

Saturday in July or first Saturday in August, between 10 a.m. and 2

p.m., or as published in a Coast Guard Notice to Mariners. A rain date

may be established and announced in a Coast Guard Notice to Mariners.

In emergency situations, the Coast Guard patrol commander may establish

escort

[[Page 21999]]

procedures 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 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. 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 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 in accordance with the

principles and criteria contained in Executive Order 12612 and has

determined that this proposal does not raise 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 59 FR 38654, July 29, 1944), this proposal is a

regulation issued in conjunction with an annually issued regatta or

marine parade permit 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:

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. Section 100.102 is revised to read as follows:

Sec. 100.102 Great Connecticut River Raft Race, Middletown, CT.

(a) Regulated Area. That section of the Connecticut River between

Dart Island (Marker no. 73) and Portland Shoals (Marker no. 92),

Middletown, CT.

(b) Special Local Regulations.

(1) The Coast Guard patrol commander many 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 unless participating 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 on-scene Coast Guard patrol commander. On-scene patrol personnel

may include 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 will also be present to inform vessel

operators of this regulation and other applicable laws.

(c) Effective period. This section is in effect from 10 a.m. to 2

p.m. on July 27, 1996, and each year thereafter on a date and times

specified in a Federal Register Document.

Dated March 19, 1996.

J.L. Linnon,

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

[FR Doc. 96-11774 Filed 5-10-96; 8:45 am]

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