[Federal Register Volume 60, Number 71 (Thursday, April 13, 1995)]
[Proposed Rules]
[Pages 18785-18787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9038]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD01-95-007]


Special Local Regulation: Newport Offshore Grand Prix, 
Narragansett Bay, Newport, RI

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes a temporary Special Local Regulation 
for the Newport Offshore Grand Prix regatta. The regatta will be held 
on Sunday, May 21, 1995, in the waters of Narragansett Bay, Newport, 
RI. This regulation is needed to protect the boating public from the 
hazards associated with high speed powerboat racing in confined waters.

DATES: Comments must be received on or before May 4, 1995.

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 (j.g.) B.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 (OGD01-95-007), 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 

[[Page 18786]]
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.
    The shortened comment period for this regulation was caused by a 
delay in receiving necessary information from the event sponsor. The 
Coast Guard considers this shortened comment period to be adequate 
because considerable promotional efforts undertaken by the sponsor have 
effectively publicized the event throughout the local area. The 
shortened comment period will allow sufficient time for the public to 
make substantive comments on the proposed rule.
    Drafting Information. The drafters of this notice are Lieutenant 
(j.g.) B.M. Algeo, project Manager, First Coast Guard District, and 
Lieutenant Commander S.R. Watkins, Project Counsel, First Coast Guard 
District Legal Office.

Background and Purpose

    On September 20, 1994, the sponsor, Boston International Sports 
Promotions, Inc., submitted a request to hold a powerboat race in 
Narragansett Bay, Newport, RI. The Coast Guard is considering 
establishing a temporary regulation in Narragansett Bay for this event 
known as the ``Newport Offshore Grand Prix.'' The proposed regulation 
would establish two regulated areas in Narragansett Bay and would 
provide specific guidance to control vessel movement during the race.
    This event will include up to 70 powerboats competing on a 
rectangular course at speeds approaching 125 m.p.h. Due to the inherent 
dangers of a race of this type, vessel traffic will be temporarily 
restricted to provide for the safety of the spectators and 
participants.
    The sponsor will provide a minimum of 25 picket boats and a minimum 
of 4 medical boats manned by emergency medical technicians. All sponsor 
resources will be identified with regatta signs or flags, in accordance 
with American Power Boat Association, to augment the Coast Guard patrol 
that will be assigned to the event. The race course will be well marked 
and patrolled, but due to the speed and proximity of the participating 
vessels, it is necessary to establish a Special Local Regulation to 
control spectator and commercial vessel movement within this confined 
area.

Discussion of Proposed Amendments

    The Coast Guard proposes to establish a Special Local Regulation on 
specified waters of Narragansett Bay, Newport, Rhode Island. The 
Regulated Race Course Area will be closed to all traffic from 10:30 
a.m. to 4:30 p.m. on May 21, 1995. The Regulated Milling Area will be 
closed to all traffic from 12:00 p.m. to 3:30 p.m. on May 21, 1995. 
However, in emergency situations, provisions will be made to establish 
safe escort by Coast Guard designated vessels for mariners requiring 
transit through any regulated area. This regulation is needed to 
protect spectators and participants from the hazards that accompany a 
high speed powerboat race in a confined 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 the DOT, is unnecessary. This 
conclusion is based on the limited duration of the race, the extensive 
advisories that have been and will be made to the affected maritime 
community, and the fact that the event is taking place in an area where 
the only commercial interests affected are a few marinas and a small 
fishing fleet.

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 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 in accordance with 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 is considering the environmental impacts of both 
the proposed Special Regulations and the Newport Offshore Grand Prix. 
It is anticipated that an Environmental Assessment (EA) will be written 
concerning the potential environmental-impacts resulting from this high 
speed power boat race for which the Coast Guard has received an 
``Application for Marine Event Permit.'' Comments in this regard should 
be forwarded to the address listed under ADDRESSES.

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 amend 33 CFR part 100 as follows:

PART 100--[AMENDED]

    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 temporary section, Sec. 100.35-T01007, is added to read as 
follows:


Sec. 100.35-T01007  Newport Offshore Grand Prix, Newport, RI.

    (a) Regulated Race Course Area. This regulated area provides a 200 
yard safety zone around the race course coordinates and includes all 
waters within the following points:


                                                                        
                                                                        
                                                                        
Latitude                             Longitude                          
41 deg.28.15'' N                     071 deg. 24.18'' W                 
41 deg.26.27'' N                     071 deg.24.18'' W                  
41 deg.23.18'' N                     071 deg.26.48'' W                  
41 deg.22.42'' N                     071 deg.22.48'' W                  
41 deg.27.42'' N                     071 deg.21.54'' W                  
                                                                        


    (b) Regulated Milling Area. This regulated area provides adequate 
milling spaces for powerboat participants prior to and at the 

[[Page 18787]]
conclusion of the race. It will include all waters within the following 
points: from Fort Adams, to Mitchell Rock GB 3 (LLNR 17865), to Rose 
Island LBB 12 (LLNR 17855), to Dumplings LBB 11 (LLNR 17810).
    (c) Special Local Regulations.
    (1) Commander, U.S. Coast Guard Group Woods Hole reserves the right 
to delay, modify, or cancel the race as conditions or circumstances 
require.
    (2) No person or vessel may enter, transit, or remain in the 
regulated area during the effective period of regulation unless 
participating in the event or unless authorized by the Coast Guard 
patrol commander.
    (3) Vessels desiring to transit through the West Passage may do so 
without Coast Guard approval as long as the vessel remains outside the 
regulated areas at specified times. No vessel will be allowed to 
transit through any portions of the regulated Race Course Area during 
the actual race. In the event of an emergency, the Coast Guard patrol 
commander may authorize a vessel to transit through the regulated areas 
with a Coast Guard designated escort. Vessels encountering emergencies 
which require transit through the regulated areas should contact the 
Coast Guard patrol commander on VHF Channel 16.
    (4) Spectator craft are authorized to watch the race from any area 
as long as it remains outside of the designated regulated areas. 
Spectator craft are required to be at their desired location no later 
than 12:30 p.m.
    (5) All persons and vessels shall comply with the instructions of 
the Commander, U.S. Coast Guard Group Woods Hole or the designated on-
scene patrol commander. On-scene patrol personnel include commissioned, 
warrant, and petty officers of the U.S. Coast Guard. Upon hearing five 
or more blasts from a U.S. Coast Guard vessel, the operator of a vessel 
shall stop immediately, then proceed as directed. Members of the Coast 
Guard Auxiliary will also be present to inform vessel operators of this 
regulation and other applicable laws.
    (d) Effective period. This section will be effective from 10:30 
a.m. to 4:30 p.m. on Sunday, May 21, 1995, unless otherwise specified 
in the Coast Guard Local Notice to Mariners and a notice in the Federal 
Register.

    Dated: April 3, 1995.
R. R. Clark,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 95-9038 Filed 4-12-95; 8:45 am]
BILLING CODE 4910-14-M