[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Rules and Regulations]
[Pages 26102-26103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13162]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD01-96-017]
RIN 2115-AE46


Special Local Regulation; Quonset Open House, North Kingstown, RI

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation for an airshow known as the Quonset Open House. The Quonset 
Open House will be held on June 1 and 2, 1996, off Quonset Point, North 
Kingstown, RI. This regulation is needed to protect the boating public 
from the hazards associated with low flying aircraft in the vicinity of 
the airstrip.

EFFECTIVE DATE: This rule is effective on June 1 and 2, 1996, from 9 
a.m. to 4:30 p.m.

FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) Benjamin M. Algeo, Chief, Boating Affairs 
Branch, First Coast Guard District, (617) 223-8311.

SUPPLEMENTARY INFORMATION:

Regulatory History

    As authorized by 5 U.S.C. 553, a notice of proposed rulemaking 
(NPRM) was not published for this regulation. Good cause exists for not 
publishing an NPRM and for making this section effective less than 30 
days after Federal Register publication. The application for the event 
was received less than 30 days prior to the event date. Publishing a 
NPRM and delaying the event would be contrary to the public interest 
because the airshow is intended for viewing by the public. The sponsor 
was unable to provide more leadtime due to the difficulties in 
scheduling the participating aircraft.

Background and Purpose

    The Quonset Open House is a local, traditional airshow sponsored by 
the Rhode Island National Guard. Participating aircraft take off and 
land from an airstrip located on Quonset Point, North Kingstown, RI. 
Due to the aircrafts' low flight paths, close proximity to spectator 
vessels, and other water related events, a regulated area is needed to 
protect life and property during the event.
    This section establishes a regulated area in the West Passage of 
Rhode Island Sound, off Quonset Point. It prohibits vessels from 
entering the regulated area during the event. In emergency situations, 
provisions may be made to establish safe escort by a Coast Guard or 
designated Coast Guard vessel for vessels requiring transit through the 
regulated area.

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. It 
has been exempted from review of 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 10e of the regulatory policies and procedures of DOT, is 
unnecessary. The effect of this section will not be significant for 
several reasons: the regulated area includes less than half of one 
square nautical mile of Narragansett Bay; entry into the regulated area 
is restricted for a short duration; vessels may transit around the 
regulated area; and the extensive advance advisories which will be 
made.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider the economic impact on small entities of a 
rule for which a general notice of proposed rulemaking is required. 
``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. 
If, however, you think that your business or organization qualifies as 
a small entity and that this rule will have a significant economic 
impact on your business or organization, please submit a comment 
explaining why you think it qualifies and in what way and to what 
degree this rule will economically affect it.

Collection of Information

    This rule contains no collection of information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.)

[[Page 26103]]

Federalism

    The Coast Guard has analyzed this rule under the principles and 
criteria contained in Executive Order 12612 and has 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 impacts of this 
rule and concluded that, under paragraph 2.B.2.e.34(h) of COMDTINST 
16475.1B, (as revised by 61 FR 13563, March 27, 1996) this is a 
regulation issued in conjunction with a regatta or marine parade and 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; 49 CFR 1.46 and 33 CFR 100.35.

    2. A temporary section, 100.T01-017, is added to read as follows:


Sec. 100.T01-017  Quonset Open House, North Kingstown, RI

    (a) Regulated area. The regulated area includes all waters of the 
West Passage of Rhode Island Sound within the following points (NAD 
83):

Latitude                          Longitude                             
                                                                        
41 deg.35'10'' N                  071 deg.24'29'' W                     
41 deg.34'54'' N                  071 deg.23'29'' W                     
41 deg.35'07'' N                  071 deg.23'29'' W                     
41 deg.36'42'' N                  071 deg.24'29'' W                     
                                                                        

    (b) Special local regulations. (1) The Coast Guard patrol commander 
may delay, modify, or cancel the event as conditions or circumstances 
require.
    (2) No person or vessel may enter, transit, or remain in the 
regulated area unless participating in the event or unless authorized 
by the Coast Guard patrol commander.
    (3) Vessels encountering emergencies which require transit through 
the regulated area should contact the Coast Guard patrol commander on 
VHF Channel 16. In the event of an emergency, the Coast Guard patrol 
commander may authorize a vessel to transit through the regulated area 
with a Coast Guard designated escort.
    (4) All persons and vessels shall comply with the instructions of 
the Coast Guard on-scene patrol commander. On-scene patrol personnel 
may include commissioned, warrant, and petty officers of the U.S. Coast 
Guard. Upon hearing five or more short blasts from a U.S. Coast Guard 
vessel, the operator of a vessel shall proceed as directed. Members of 
the Coast Guard Auxiliary may also be present to inform vessel 
operators of this regulation and other applicable laws.
    (c) Effective period. This section is effective on June 1 and 2, 
1996, from 9 a.m. to 4:30 p.m.

    Dated: May 10, 1996.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 96-13162 Filed 5-23-96; 8:45 am]
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