`[Federal Register Volume 61, Number 122 (Monday, June 24, 1996)]
[Rules and Regulations]
[Pages 32331-32333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15934]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 100

[CGD01-96-025]
RIN 2115-AE46


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

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a permanent special local 
regulation for the Newport--Bermuda Regatta. The event will be held on 
June 21, 1996, and biennially thereafter on a date and times published 
in a Federal Register document. The regatta begins in the approach to 
Newport Harbor, Newport, RI, in the East Passage of Narragansett Bay, 
continuing offshore to Bermuda, U.K. This regulation is needed to 
control vessel movement in the confined waters of the regatta start 
area.

EFFECTIVE DATE: This section is effective on June 24, 1996.

FOR FURTHER INFORMATION CONTACT:
Lieutenant Commander James B. Donovan, Assistant Search and Rescue 
Section, First Coast Guard District, (617) 223-8278.

[[Page 32332]]

SUPPLEMENTARY INFORMATION: 

Regulatory History

    A notice of proposed rulemaking (NPRM) was published on May 13, 
1996, (61 FR 21999) in the Federal Register proposing to establish a 
permanent special local regulation for the Newport-Bermuda Regatta. No 
comments were received and no hearing was requested.

Background and Purpose

    The 1996 Newport-Bermuda Regatta is the fortieth running of the 
event. In the past, the Coast Guard has promulgated individual 
regulations for each year's race. Given the recurring nature of the 
event, the Coast Guard is establishing a permanent regulation. The rule 
establishes a regulated area on Narragansett Bay, in the East Passage, 
and provides specific guidance to control vessel movement during the 
race.
    This event includes up to 120 ocean going sailboats racing from the 
approach to the entrance of Newport Harbor, Newport, RI, to Bermuda, 
U.K. The event typically attracts approximately 150-200 spectator 
craft. The Coast Guard will assign a patrol to the event, and the race 
course starting area will be marked. However, due to the large number 
of participants and anticipated spectator craft, it is necessary to 
establish a special local regulation to control spectator and 
commercial vessel movement within the confined starting area. Spectator 
craft are authorized to watch the race from any area as long as they 
remain outside the designated regulated area. In emergency situations, 
provisions may be made to establish safe escort by a Coast Guard or 
Coast Guard designated vessel for vessels requiring transit through the 
regulated area.
    Good cause exists to make this rule effective in less than 30 days. 
Due to the need to provide for a comment period in the respective NPRM 
and the need to establish regulations for this years event, there is 
insufficient time to publish this rule 30 days before the event is 
scheduled to begin. The Coast Guard believes delaying the event in 
order to provide a delayed effective date would be contrary to the 
public interest given this event's local popularity and that no 
comments were received objecting to the proposed regulation.

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 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 10e of the regulatory policies and procedures of DOT, is 
unnecessary. This conclusion is based on the limited duration of the 
race, the extensive advisories that will be made to the affected 
maritime community, and the minimal restrictions which the regulation 
places on vessel traffic.

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 proposal 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.).

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 rule is a 
special local 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 amends 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. Section 100.119, is added to read as follows:


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

    (a) Regulated area. The regulated area includes all waters of 
Narragansett Bay, Newport, RI, within the following points (NAD 83):


Latitude                             Longitude                          
41 deg.27'51'' N                     071 deg.22'14'' W                  
41 deg.27'24'' N                     071 deg.21'57'' W                  
41 deg.27'09'' N                     071 deg.22'39'' W                  
41 deg.27'36'' N                     072 deg.22'55'' W                  
                                                                        


In the event that weather conditions prohibit a safe race start within 
the approach to Newport Harbor, the race will begin offshore and the 
following regulated area applies (NAD 83):


Latitude                             Longitude                          
41 deg.26'04'' N                     071 deg.22'16'' W                  
41 deg.25'36'' N                     071 deg.21'58'' W                  
41 deg.25'45'' N                     071 deg.22'40'' W                  
41 deg.25'49'' N                     071 deg.22'56'' W                  
                                                                        


    (b) Special local regulations.
    (1) The Coast Guard patrol commander may 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 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

[[Page 32333]]

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 date. This section is in effect on June 21, 1996, 
from 10:00 a.m. to 3:30 p.m., and biennially thereafter on a date and 
times published in a Federal Register document.

    Dated: June 14, 1996.
James D. Garrison,
Captain, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 96-15934 Filed 6-21-96; 8:45 am]
BILLING CODE 4910-14-M`