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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD01-96-025]

RIN 2115-AE 46

Special Local Regulation: Newport-Bermuda Regatta, Narragansett

Bay, Newport, RI

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a permanent special

local regulation for the Newport-Bermuda Regatta. The event will be

held on June 21, 1996, and biennially thereafter on even numbered years

on the third Friday in June. The regatta begins in the approach to

Newport Harbor, Newport, RI, in the East Passage of Narragansett Bay,

continuing offshore to Bermuda, U.K. This regulation is needed to

control vessel movement in the confined waters of the regatta start

area.

DATES: Comments must be received on or before June 12, 1996.

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 (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 (CGD01-96-025), 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

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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 acknowledgment 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.

Good cause exists to provide for a comment period less than 45

days. Due to the need to provide public notice and establish

regulations for this year's event, a longer comment period is

impracticable and contrary to the public interest.

Discussion of Proposed Amendments

The 1996 Newport-Bermuda Regatta is the fortieth running of the

event. In the past, the Coast Guard has promulgated individual

regulations for each year's race. Given the recurring nature of the

event, the Coast Guard desires to establish a permanent regulation. The

proposed regulation would establish a regulated area on Narragansett

Bay, in the East Passage, and would provide specific guidance to

control vessel movement during the race.

This event includes up to 120 ocean going sailboats racing from the

approach to the entrance of Newport Harbor, Newport, RI, to Bermuda,

U.K. The event typically attracts approximately 150-200 spectator

craft. The Coast Guard will assign a patrol to the event, and the race

course starting area will be marked. However, due to the large number

of participants and anticipated spectator craft, it is necessary to

establish a special local regulation to control spectator and

commercial vessel movement within the confined starting 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 biennially on even numbered

years on the third Friday in June. In emergency situations, provisions

may be made to establish safe escort by a Coast Guard or Coast Guard

designated vessel 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 to be

so minimal that a full Regulatory Evaluation, under paragraph 10e of

the regulatory policies and procedures of DOT, in 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 which 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 under 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 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 61 FR 13563, March 27, 1996) this proposal is

a special local regulation issued in conjunction with a regatta or

marine parade 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:

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 permanent section, 100.119, is added to read as follows:

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

(a) Regulated Area. The regulated area includes all waters of

Narragansett Bay, Newport, RI, within the following points (NAD 83):

Latitude Longitude

41 deg.27'51'' N 071 deg.22'14'' W

41 deg.27'24'' N 071 deg.21'57'' W

41 deg.27'09'' N 071 deg.22'39'' W

41 deg.27'36'' N 072 deg.22'55'' W

In the event that weather conditions prohibit a safe race start within

the approach to Newport Harbor, the race will begin offshore and the

following regulated area applies (NAD 83)

Latitude Longitude

41 deg.26'04'' N 071 deg.22'16'' W

41 deg.25'36'' N 071 deg.21'58'' W

41 deg.25'45'' N 071 deg.22'40'' W

41 deg.25'49'' N 071 deg.22.56'' W

(b) Special Local Regulations.

(1) The Coast Guard patrol commander may delay, modify, or cancel

the race as considerations or circumstances require.

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

regulated area unless participation 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 Coast Guard on-scene patrol

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commander. On scene patrol personnel may included 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

may also be present to inform vessel operators of this regulation and

other applicable laws.

(c) Effective period. This section is in effect on June 21, 1996,

from 10:00 a.m. to 3:30 p.m., and biennially thereafter on even

numbered years on the third Friday in June.

Dated: April 30, 1996.

J.L. Linnon,

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

[FR Doc. 96-11902 Filed 5-10-96; 8:45 am]

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