[Federal Register Volume 63, Number 115 (Tuesday, June 16, 1998)]
[Rules and Regulations]
[Pages 32738-32739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15897]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD01-98-045]
RIN 2115-AE46


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

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is issuing a temporary rule to change the 
effective dates for the special local regulations for this year's 
Newport-Bermuda Regatta. The Newport-Bermuda Regatta will be held on 
June 19, 1998. This event involves up to 120 ocean going sailboats 
departing the entrance to Narragansett Bay, Newport, RI, and racing to 
Bermuda, U.K. This regulation is necessary to control vessel traffic 
within the immediate vicinity of the event due to the confined nature 
to the event, thus providing for the safety of life and property on the 
affected navigable waters.

DATES: This rule is effective on June 19, 1998, from 11 a.m. to 3:30 
p.m.

FOR FURTHER INFORMATION CONTACT:
Lieutenant Commander Mark A. Cawthorn, Assistant Chief, Search and 
Rescue Branch, First Coast Guard District, (617) 223-8460.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    The special local regulation in 33 CFR 100.119 for the biennial 
Newport-Bermuda Regatta was published on June 24, 1996 at 61 FR 32332. 
The regulation's effective date does not allow automatic implementation 
of the rule each year. This regulation is necessary to suspend 
paragraph (c) of 33 CFR 100.119 and add paragraph (d) specifying the 
effective dates for this year's event. Good cause exists for providing 
for this regulation to become effective in less than 30 days after 
Federal Register publication. Publishing an NPRM would require a 30-day 
comment period and the final rule would not be effective before the 
scheduled event. The Coast Guard believes delaying the event in order 
to provide a 30-day delayed effective date would be contrary to the 
public interest given this event's local popularity.

Background and Purpose

    The Newport-Bermuda regatta is a biennial sailboat race sponsored 
by Cruising Club of America. Participating sailboats will require 
favorable navigable conditions. A portion of the East Passage of 
Narragansett Bay, Newport, Rhode Island will be closed during the 
effective period. This regulated area is needed to protect life and 
property during the event. For further information and restrictions 
regarding this event see 33 CFR 100.119.

Regulatory Evaluation

    This rule 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. The 
Office of Management and Budget has exempted this temporary rule from 
review under that order. This temporary rule 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 10e of the regulatory policies 
and procedures of DOT, is unnecessary. The effect of this temporary 
rule will not be significant for several reasons: entry into the 
regulated area is restricted for a short duration; vessels may transit 
around the regulated area; and the extensive advance advisories that 
will be made.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this rule would have a significant 
economic impact on a substantial number of small entities. ``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 rule will not have a 
significant economic impact on a substantial number of small entities.

[[Page 32739]]

Collection of Information

    This rule 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 rule under the principles and 
criteria contained in Executive Order 12612 and have determined that 
this rule does not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

Environment

    The Coast Guard has considered the environmental impact of this 
proposed rule and concluded that under Figure 2-1, paragraph 34(h), of 
Commandant Instruction M16475.1C, this rule is categorically excluded 
from further environmental documentation.

List of Subjects in 33 CFR Part 100

    Marine safety; Navigation (water); Reporting and recordkeeping 
requirements; Waterways.

Final Regulation

    For the reasons set out in the preamble, the Coast Guard proposes 
to temporarily 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 through 1236; 49 CFR 1.46 and 33 CFR 
100.35.

    2. From 11 a.m. to 3:30 p.m. on June 19, 1998 in Sec. 100.119, 
paragraph (c) is suspended and a new paragraph (d) is added to read as 
follows:


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

* * * * *
    (d) Effective period. This section is in effect on June 19, 1998, 
from 11 a.m. to 3:30 p.m.

    Dated: May 29, 1998.
James D. Garrison,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 98-15897 Filed 6-15-98; 8:45 am]
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