[Federal Register Volume 63, Number 132 (Friday, July 10, 1998)]
[Rules and Regulations]
[Pages 37249-37250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18392]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD01-96-015]
RIN 2115-AE46
Special Local Regulation: Swim Buzzards Bay Day, New Bedford, MA
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 event known as Swim Buzzards Bay Day. The
event is held annually on a day during the last weekend of July or
first weekend in August. This swimming event takes place in Buzzards
Bay, on the Acushnet River. The actual date time will be published in a
Federal Register document. This regulation is needed to protect the
participants from vessel traffic during the swimming event.
DATES: This section is effective on July 24, 1998.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Timothy J. Carton, Office of Search and Rescue, First Coast
Guard District, (617) 223-8460.
SUPPLEMENTARY INFORMATION:
Regulatory History
A notice of proposed rulemaking (NPRM) was published on May 6, 1996
(61 FR 20196) proposing the establishment of a permanent special local
regulation for the annual swimming competition, Swim Buzzards Bay Day,
New Bedford, MA. 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 Buzzards Bay Day is a local, traditional event that
has been held for many years on the Acushnet River, New Bedford/
Fairhaven, MA. In the past, the Coast Guard has promulgated individual
regulations for the event. Given the recurring nature of the event, the
Coast Guard is establishing a permanent regulation. This rule
establishes a permanent regulation for an annual event to be held
during the last week of July or first week in August on the Acushnet
River. This rule restricts vessels from approaching within 200 feet of
participating swimmers.
The event will consist of approximately 50 swimmers transversing
the Acushnet River from Fort Phoenix Beach in Fairhaven, MA, to Billy
Woods Wharf in New Bedford, MA. There will be one rowing skiff per
participant, along with sponsor provided vessels 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 day
during the last weekend of July or the first weekend of August that
most closely exhibits low tide at a daytime hour reasonable for holding
the event. 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.
Good cause exists for providing this rule to become effective in
less than 30 days. This rule is being made effective less than 30 days
after publication due to the need to publish a notice in the Federal
Register, which will provide an exact date and time of the annual
event. Any delay encountered in effecting this rule would be contrary
to the public interest, as the rule is needed to ensure the safety of
the boating pubic during this event.
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. The
Office of Management and Budget has exempted it from review 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
event, the extensive advisories that will be made to the affected
maritime community and the minimal restrictions that the regulation
places on vessel traffic.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this rule would have a significant
economic impact on a substantial number of small entities. ``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.
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 a
criterion 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 impact of this
final rule and concluded that under Figure 2-1, paragraph 34(h), of
Commandant Instruction M16475.1C, this rule 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 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. A new section, 100.116, is added to read as follows:
Sec. 100.116 Swim Buzzards Bay Day, New Bedford, MA.
(a) Regulated Area. All waters of the Acushnet River, within 200
feet of participating swimmers.
[[Page 37250]]
(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 Coast Guard 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 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 section and other applicable laws.
(c) Effective period. This section is in effect annually on one day
during the last week of July or first week in August. Actual dates and
time will be published in a Federal Register document.
Dated: June 24, 1998.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 98-18392 Filed 7-9-98; 8:45 am]
BILLING CODE 4910-15-M
