[Federal Register Volume 60, Number 102 (Friday, May 26, 1995)]
[Proposed Rules]
[Pages 27933-27934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13025]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD01-95-058]


Special Local Regulations: 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 special local 
regulations governing the Connecticut River Raft Race. The regulated 
area would be moved upriver to coincide with a change in the race 
course. The effective date of the race also would be changed to the 
last Saturday in July or the first Saturday in August as published in 
an annual Local Notice to Mariners and Federal Register Notice. This 
regulation is necessary to control vessel traffic within the immediate 
vicinity of the event 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 July 25, 1995.

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:
LTJG 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. 
Persons submitting comments should include their names and addresses, 
identify this notice [CGD01-95-058], the specific section of the 
proposal to which each comment applies, and give reasons for each 
comment. The Coast Guard requests that all comments and attachments be 
submitted in an 8\1/2\'' x 11'' unbound 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.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments. 
The Coast Guard plans no 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 it determines that the opportunity for 
oral presentations will aid this rulemaking, the Coast Guard will hold 
a public hearing at a time and place announced by a later notice in the 
Federal Register.
Drafting Information

    The drafters of this notice are LTJG B. M. Algeo, Project Manager, 
Boating Affairs Branch and LCDR S. R. Watkins, Project Counsel, 
District Legal Office.

Background and Purpose

    The Connecticut River Raft Race is in its twenty first year, and is 
a popular local event. A late decision was made by the race committee 
last year to move the race course upriver which necessitated 
temporarily amending the permanent regulation governing the race. 
Insufficient time was available before last year's race to publish a 
NPRM and permanently change the regulated area, therefore a permanent 
change is being proposed this year. This event will include up to 60 
homemade rafts and is expected to draw up to 100 spectator craft. The 
Coast Guard expects no significant difference in the race from years 
past.

Discussion of Proposed Amendments

    The Coast Guard proposes to permanently amend the special local 
regulation found in 33 CFR 100.102 governing the Connecticut River Raft 
Race. The existing regulation provides for a regulated area between the 
Salmon River (Marker no. 48) and Middle Haddam (Marker no. 72) and an 
effective period of the first Saturday in August between 9 a.m. until 2 
p.m. The event sponsors have moved the race course a short distance 
upriver to facilitate spectator control on the shore. The race course 
and regulated areas will now consist of that portion of the Connecticut 
River between Marker nos. 92 and 73, Middletown, CT. The sponsor has 
also indicated the intention to hold future events on the last Saturday 
in July or first Saturday in August.
    Because the race course coincides with a marked channel, vessel 
traffic will be temporarily restricted to provide for the safety of the 
participants. Little [[Page 27934]] commercial traffic is known to 
transit the area; however, sufficient notice will be provided for any 
affected party to alter plans with minimal impact.

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. Commercial traffic on the affected portion of the 
Connecticut River is infrequent. The race is popular and is anticipated 
to draw business to the local merchants. Local commercial entities have 
been notified of the race schedule.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include independently owned and operated small businesses 
that are not dominant in their fields and that otherwise qualify as 
``small business concerns'' under section 3 of the Small Business Act 
(15 U.S.C. 632).
    For reasons set forth in the above Regulatory Evaluation, the Coast 
Guard certifies under 5 U.S.C. 605(b) that this proposal, if adopted, 
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 impact of this 
proposal and in accordance with paragraph 2.B.2.e(35)(e) of Commandant 
Instruction M16475.1B, the event is deemed to be categorically excluded 
from further environmental documentation.

List of Subjects in 33 CFR Part 100

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

    For the reasons set out in the preamble, the Coast Guard proposes 
to revise 33 CFR part 100 as follows:

PART 100--[AMENDED]

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

    Authority: 33 USC 1233; 49 CFR 1.46 and 33 CFR 100.35.

    2. Section 100.102 is revised to read as follows:


Sec. 100.102  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) Effective period. This section will be effective from 9 a.m. to 
2 p.m. annually on the last Saturday in July or the first Saturday in 
August, or as otherwise published in the annual, pre-event Coast Guard 
Local Notice to Mariners and Federal Register Notice.
    (c) Special Local Regulations.
    (1) The regulated area shall be closed to all vessels in excess of 
20 meters (65.6 feet) in length during the effective period.
    (2) All persons or vessels not registered with the sponsor as 
participants or not part of the regatta patrol are considered 
spectators.
    (3) All spectator vessels shall be moored or anchored prior to the 
start of the event in such a way as to not interfere with the passage 
of the race participants. They shall remain anchored or moored until 
the end of the race or until directed by a patrol vessel.
    (4) All persons and vessels shall comply with the instructions of 
U.S. Coast Guard patrol personnel. U.S. Coast Guard patrol personnel 
include commissioned, warrant, and petty officers of the Coast Guard. 
Upon hearing five or more blasts from a U.S. Coast Guard vessel, the 
operator of a vessel shall stop immediately and proceed as directed. 
Members of the Coast Guard Auxiliary may be present to inform vessel 
operators of this regulation and other applicable laws.
    (5) For any violation of this section, the following maximum 
penalties are authorized by law:
    (i) $500 for any person in charge of the navigation of a vessel.
    (ii) $500 for the owner of the vessel actually on board.
    (iii) $250 for any other person.
    (iv) Suspension or revocation of a license for a licensed officer.

    May 15, 1995.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 95-13025 Filed 5-25-95; 8:45 am]
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