[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]
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