[Federal Register Volume 63, Number 92 (Wednesday, May 13, 1998)]
[Rules and Regulations]
[Pages 26454-26455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12846]


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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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