Special Local Regulations; River Race Augusta, Augusta, GA

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-98-013]

RIN 2115-AE46

Special Local Regulations; River Race Augusta, Augusta, GA

AGENCY: Coast Guard, DOT.

ACTION: Final Rule.

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SUMMARY: The Coast Guard is establishing permanent special local

regulations for the River Race Augusta, which will be held annually on

the third Friday, Saturday and Sunday of May, between 7 a.m. and 5 p.m.

Eastern Daylight Time (EDT) each day. Historically, there have been

approximately sixty participants racing 16 to 18 foot outboard power

boats on the Savannah River at Augusta, GA, between mile markers 199

and 197. These regulations are necessary to provide for the safety of

life on navigable waters during the event, as the nature of the event

and the closure of the Savannah River creates an extra or unusual

hazard on the navigable waters.

DATES: These rules become effective May 13, 1998.

FOR FURTHER INFORMATION CONTACT:

LTJG A.L. Cooper, Coast Guard Group Charleston at (803) 720-7748.

SUPPLEMENTARY INFORMATION:

Regulatory History

The Coast Guard published a Notice of Proposed Rulemaking (NPRM) in

the Federal Register on March 24, 1998 (63 FR 14057). No comments were

received during the comment period.

Background and Purpose

These regulations are intended to provide for the safety of life

and to promote safe navigation on the waters off Augusta on the

Savannah River during the River Race August, by controlling the traffic

entering, exiting and traveling within these waters. The concentration

of spectator and participant vessels associated with the River Race

poses safety concerns, which are addressed in these special local

regulations. These regulations prohibit the entry of non-participating

vessels in the area downstream from the U.S. Highway 1 Bridge on the

Savannah River between mile markers 199 and 197, annually from 7 a.m.

to 5 p.m. each day, on the third Friday, Saturday and Sunday of May.

These regulations permit the movement of spectator vessels and other

non-participants after the termination of the race each day, and during

intervals between scheduled events.

In accordance with 5 U.S.C. 553, good cause exists for making these

regulations effective in less than 30 days after Federal Register

publication. Delaying its effective date would be impracticable, as

there was not sufficient time remaining from the receipt of the permit

request to allow for a comment period and a full 30 day effective date

period after publication. Delaying the effective date would also be

contrary to the public interest because the event would be held with no

regulations in force, creating a safety hazard.

Regulatory Evaluation

This rule is not a significant regulatory action under Section 3(f)

of the 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

rule to be so minimal that a full Regulatory Evaluation under paragraph

10(e) of the regulatory policies and procedures of DOT is unnecessary.

These regulations will be in effect three days each year for only 10

hours each day.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider whether this rule will have a significant

economic impact on a substantial number of small entities. ``Small

entities'' include small business, not-for-profit organizations that

are independently owned and operated and are not dominant in their

field, and government jurisdictions with populations of less than

50,000.

Therefore, the Coast Guard certifies under 5 U.S.C. 606(b) that

this rule would not have a significant economic impact on a substantial

number of small entities as the regulations would only be in effect for

ten hours in a limited area of the Savannah River for three days each

year.

Collection of Information

This rule contains no collection of information requirements under

the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

This action has been analyzed in accordance with the principles and

criteria contained in Executive Order 12612 and it has been determined

that the rulemaking does not have sufficient Federalism implications to

warrant the preparation of a Federalism Assessment.

Environmental Assessment

The Coast Guard has considered the environmental impact of this

rule consistent with Section 2.B.2 of Commandant Instruction M16475.1C.

In accordance with that section, this action has been environmentally

assessed (EA completed) and the Coast Guard has concluded that it will

not significantly affect that quality of the human environment. An

Environmental Assessment and a Finding of No Significant Impact has

been prepared and are available in the docket for inspection or

copying.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water), Reporting and recordkeeping

requirements, Waterways.

Final Regulations

In consideration of the foregoing, the Coast Guard amends Part 100

of Title 33, Code of Federal Regulations as follows:

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

follows:

PART 100--[AMENDED]

Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.

2. A new Sec. 100.732 is added to read as follows:

Sec. 100.732 Annual River Race Augusta; Savannah River, Augusta GA.

(a) Definitions: (1) Regulated Area. The regulated area is formed

by a line drawn directly across the Savannah River at the U.S. Highway

1 Bridge at mile marker 199 and directly across the Savannah River at

mile marker 197. The regulated area would encompass the width of the

Savannah River between these two lines.

(2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander

is a commissioned, warrant, or petty officer of the Coast Guard who has

been designated by the Commander, Coast

[[Page 26455]]

Guard Group Charleston, South Carolina.

(b) Special Local Regulations. (1) Entry into the regulated area is

prohibited to all non-participants.

(2) After termination of the River Race Augusta each day, and

during intervals between scheduled events, at the discretion of the

Coast Guard Patrol Commander, all vessels may resume normal operations.

(3) The Captain of the Port Charleston will issue a Marine Safety

Information Broadcast Notice to Mariners to notify the maritime

community of the special local regulations and the restrictions

imposed.

(c) Dates. These regulations become effective annually from 7 a.m.

to 5 p.m. EDT each day, on the third Friday, Saturday and Sunday of

May, unless otherwise specified in the notice to mariners.

Dated: May 1, 1998.

N.T. Saunders,

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

[FR Doc. 98-12846 Filed 5-11-98; 12:35 pm]

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