[Federal Register Volume 61, Number 170 (Friday, August 30, 1996)]
[Rules and Regulations]
[Pages 45890-45891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22210]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD01-95-169]
RIN 2115-AE46
Special Local Regulation: Provincetown Harbor Swim for Life,
Provincetown, 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 the Provincetown Harbor Swim
for Life. The event will be held on September 7, 1996, and annually
thereafter on a date and times published in a Federal Register
document. This regulation is needed to protect the participants from
transiting vessel traffic during the swimming event.
EFFECTIVE DATE: This regulation is effective on September 7, 1996.
FOR FURTHER INFORMATION CONTACT: Lieutenant Commander James B. Donovan,
Office of Search and Rescue, First Coast Guard District, (617) 223-
8268.
SUPPLEMENTARY INFORMATION:
Regulatory History
A Notice of Proposed Rulemaking (NPRM) was published on March 20,
1996, (61 FR 11352) proposing the establishment of a permanent special
local regulation for the annual swimming benefit Provincetown Harbor
Swim for Life. 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. This rule varies from the NPRM in one regard; it
provides the date and time of the 1996 event and provides for the dates
and times of future events to be published in a Federal Register
document.
Background and Purpose
The annual Provincetown Harbor Swim for Life benefit is a local,
traditional event which has been held for several years in Provincetown
Harbor, Provincetown, MA. In the past, the Coast Guard has promulgated
individual regulations for each year's event. Given the recurring
nature of the event, the Coast Guard is establishing a permanent
regulation. This rule establishes a regulated area in Provincetown
Harbor, Cape Cod Bay, and provides specific guidance to control vessel
movement during the event. This rule restricts vessels from approaching
within 200 feet of participating benefit swimmers.
The event will consist of approximately 150 swimmers traveling 1.4
miles from Long Point Lighthouse to a point 200 yards east of the Coast
Guard pier. 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. 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 for this rule to become effective
in less than 30 days after Federal Register publication. Due to the
need to provide the opportunity for notice and comment in the NPRM,
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 30 day delayed effective date would be
contrary to the public interest given this event's local popularity.
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 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 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 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 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,
[[Page 45891]]
(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 reasons set out in the preamble, the Coast Guard is amending 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. A new section, 100.113, is added to read as follows:
Sec. 100.113 Provincetown Harbor Swim for Life, Provincetown, MA.
(a) Regulated Area. All waters of Provincetown Harbor within 200
feet of participating benefit 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 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 September 7,
1996, from 10 a.m. to 4 p.m. and annually thereafter on a date and
times published in a Federal Register document. If the event is
canceled due to weather, this regulation is effective the following day
at the same times.
Dated: August 22, 1996.
James D. Garrison,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 96-22210 Filed 8-29-96; 8:45 am]
BILLING CODE 4910-14-M
