[Federal Register Volume 60, Number 159 (Thursday, August 17, 1995)]
[Rules and Regulations]
[Pages 42787-42788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20365]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-95-096]
RIN 2115-AA97
Safety Zone: East Passage, Narragansett Bay, RI
agency: Coast Guard, DOT.
action: Temporary final rule.
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summary: The Coast Guard is establishing a temporary safety zone in
Narragansett Bay around the group of swimmers participating in the 19th
annual ``Swim The Bay'' event sponsored by Save The Bay on August 19,
1995. This safety zone is needed to protect the participants from the
hazards caused by vessel traffic in Narragansett Bay. The safety zone
will encompass a 300 yard radius around each swimmer as they proceed
across the East Passage, Narragansett Bay. The safety zone shall be
from Coaster's Harbor Island Beach, Newport, RI, to Jamestown, RI, in
the vicinity of Potter's Cove. Entry into this zone is prohibited
unless authorized by the Captain of the Port, Providence.
effective date: This regulation is effective on August 19, 1995, from 8
a.m. to 11 a.m., unless extended or terminated sooner by the Captain of
the Port, Providence. In the event of inclement weather, an alternate
rain date of August 20, 1995 is established with these same times.
for further information contact: LTJG Bruce L. Davies of Marine Safety
Office Providence at (401) 435-2300.
SUPPLEMENTARY INFORMATION:
Drafting Information. The drafters of this regulation are LTJG
Bruce L. Davies, Project Manager for the Coast Guard Captain of the
Port Providence, and LT S.A. Tyler, Project Counsel for the First
Coast Guard District Legal Office.
[[Page 42788]]
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 a NPRM and for making this regulation effective in less than
30 days after Federal Register publication. The Coast Guard did not
receive the application in sufficient time to publish a NPRM a final
rule 30 days in advance. The delay encountered if normal rulemaking
procedures were followed would effectively cancel the event.
Cancellation of this event is contrary to public interest since the
purpose of this event is to raise funds for environmental purposes. The
event requires a safety zone to provide for the safety of participants
and other vessels.
Background and Purpose
On August 19, 1995, the organization, Save The Bay, will be
sponsoring the 19th annual ``Swim The Bay''. For this event it is
expected that approximately 150 people will swim across the East
Passage of Narragansett Bay, from Coaster's Harbor Island Beach,
Newport, RI, to Jamestown, RI, in the vicinity of Potter's Cove. The
swimmers will be escorted by rowboats and escort craft. Orange floating
pylons will be placed along the route one hour prior to the swim. A
rain date for the event is scheduled for August 20, 1995.
The Coast Guard is establishing a temporary safety zone in the East
Passage from Coaster's Harbor Island Beach, Newport, RI, (41 deg.-31.0'
N, 071 deg.-19.8' W) to Potters Cove, RI (41 deg.-31.0' N, 071 deg.-
22.0' W) (NAD 1983). The safety zone will encompass a 300 yard radius
around each swimmer and escort craft involved with the ``Swim The Bay''
event. The safety zone will move with the swimmers and escort craft as
they cross the East Passage. The safety zone will be in effect on
August 19, 1995, from 8 a.m. until 11 a.m. If postponed due to
inclement weather, the safety zone will be in effect on August 20,
1995, from 8 a.m. until 11 a.m. Entry or movement within this zone will
be prohibited unless authorized by the Captain of the Port, Providence
or his on scene representative.
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 of this
proposal to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary.
Although this regulation prevents traffic from transiting portions
of the East Passage, the effect of this regulation will not be
significant for several reasons: vessels not constrained by their draft
may transit the West Passage of Narragansett Bay, the duration of the
event is limited; and extensive, advance advisories will be made.
Additionally, this event has taken place every year for the previous 18
years and has not caused a significant hardship on the commercial or
pleasure vessel traffic in the event area.
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 field and that otherwise qualify as
``small business concerns'' under section 3 of the Small Business Act
(15 U.S.C. 632).
For the reasons addressed under the Regulatory Evaluation above,
the Coast Guard expects the economic impact of this regulation to be
minimal and the Coast Guard certifies under 5 U.S.C. 605(b) that this
final 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 final rule in accordance with the
principles and criteria contained in Executive Order 12612 and
determined that this final 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
regulation and concluded that under section 2.B.2.e of Commandant
Instruction M16475.1B, revised 59 FR 38654, July 29, 1994, the
promulgation of this regulation is categorically excluded from further
environmental documentation. A Categorical Exclusion Determination and
Environmental Analysis Checklist are included in the docket. An
appropriate environmental analysis of the event will be conducted in
conjunction with the marine event permitting process.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
For the reasons set out in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.
2. A temporary section, Sec. 165.T01-096, is added to read as
follows:
Sec. 165.T01-096 Safety Zone; Swim the Bay, East Passage, Narragansett
Bay, RI.
(a) Location. The safety zone includes all waters of the East
Sec. Passage, Narragansett Bay, RI, from Coaster's Harbor Island Beach
(41 deg.-31.0' N, 071 deg.-19.8' W) to Potters Cove (41 deg.-31.0' N,
071 deg.-22.0' W) (NAD 1983) Within a 300 yard radius of the swimmers
and craft participating in the ``Swim The Bay'' event.
(b) Effective Date: This regulation is effective on August 19,
1995, from 8 a.m. to 11 a.m., unless extended or terminated sooner by
the Captain of the Port, Providence. If postponed due to inclement
weather, this regulation is effective on August 20, 1995, from 8 a.m.
to 11 a.m.
(c) Regulations. The general regulations governing safety zones
contained in Sec. 165.23 apply.
Dated: August 10, 1995.
Wayne D. Gusman,
Commander, U.S. Coast Guard, Acting Captain of the Port.
[FR Doc. 95-20365 Filed 8-16-95; 8:45 am]
BILLING CODE 4910-14-M
