[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Rules and Regulations]
[Pages 26103-26104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13163]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 100
[CGD01-95-170]
RIN 2115-AE46
Special Local Regulation: Swim the Bay, Narragansett Bay,
Narragansett, RI
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a permanent special local
regulation for a swimming competition know as Swim the Bay. The event
will be held on July 27, 1996, and each year thereafter on a date and
times published in a Federal Register document. This regulation is
needed to protect the participants from vessel traffic during the
swimming competition.
EFFECTIVE DATE: This rule is effective on June 24, 1996.
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
A Notice of Proposed Rulemaking (NPRM) was published on March 20,
1996, (61 FR 11353) proposing the establishment of a permanent special
local regulation for the annual swimming competition Swim the Bay. The
NPRM proposed to restrict vessels from approaching within 200 feet of
any participating swimmer to ensure the safety of participants during
the event. No comments were received and no hearing was requested.
Background and Purpose
The annual Swim the Bay competition is a local, traditional event
that has been held for many years in the East Passage of Narragansett
Bay, Jamestown/Newport, RI. 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. This rule establishes a regulated area in the
East Passage of Narragansett Bay and provides specific guidance to
control vessel movement during the race. This rule restricts vessels
from approaching within 200 feet of participating competition swimmers.
The event consists of two heats of approximately 100 swimmers
racing 1.7 miles from Coasters Harbor Island beach, Newport, RI, to
Potters Cove, Jamestown, RI. There will be approximately 25-30 support
boats on scene to augment a Coast Guard patrol to alert boating traffic
of the presence of the swimmers. The time period for the event is
dictated by tidal conditions. Subject to Coast Guard approval, the
sponsor selects a Saturday in July or August that most closely exhibits
low tide 40 minutes after 8 a.m. Spectator craft are authorized to
watch the race from any area as long as they remain 200 feet away from
any participating swimmer. In emergency situations, provisions may be
made to establish safe escort by a Coast Guard or Coast Guard
designated vessel for vessels requiring transit within 200 feet of
participating swimmers. This final rule varies from the NPRM in that it
provides the exact date and times for this year's race and provides for
the effective date and times for subsequent year's events to be
published in a Federal Register document.
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). Due to the short duration of the event and its
limited restriction on vessel traffic transiting the East Passage of
Narragansett Bay, the Coast Guard expects the economic impact of this
rule to be so minimal that a full Regulatory Evaluation, under
[[Page 26104]]
paragraph 10e of the regulatory policies and procedures of DOT, is
unnecessary.
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 the 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).
Federalism
The Coast Guard has analyzed this action in accordance with the
principles and criteria contained in Executive Order 12612, and has
determined that this rule does not raise 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
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 reasons set out in the preamble, the Coast Guard is amending 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. Section 100.112 is added to read as follows:
Sec. 100.112 Swim the Bay, Narragansett Bay, Narragansett, RI.
(a) Regulated area. All waters of the East Passage of Narragansett
Bay within 200 feet of participating competition swimmers.
(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 the 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 July 27, 1996,
from 10:30 a.m. to 12:30 p.m., and each year thereafter on a date and
times published in a Federal Register document.
Dated: May 13, 1996.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 96-13163 Filed 5-23-96; 8:45 am]
BILLING CODE 4910-14-M
