[Federal Register Volume 61, Number 88 (Monday, May 6, 1996)]
[Proposed Rules]
[Pages 20195-20197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11237]



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[[Page 20196]]


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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a permanent special 
local regulation for a swimming event known as Swim Buzzards Bay Day. 
The event will be held in Buzzards Bay, Achushnet River, on July 28, 
1996, and annually thereafter on a weekend in July that has favorable 
tidal conditions. This regulation is needed to protect the participants 
from vessel traffic during the swimming event.

DATES: Comments must be received on or before June 20, 1996.

ADDRESSES: Comments should be mailed to Commander (b), First Coast 
Guard District, Captain John Foster Williams Federal Building, 408 
Atlantic Ave., Boston, MA 02110-3350, or may be hand delivered to Room 
428 at the same address, between 8 a.m. and 4 p.m., Monday through 
Friday, except federal holidays. Comments will become part of this 
docket and will be available for inspection or copying at the above 
address.

FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) B.M. Algeo, Chief, Boating Affairs Branch, 
First Coast Guard District, (617) 223-8311.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this notice (CGD01-96-015), the specific section of the 
proposal to which each comment applies, and give reasons for each 
comment. The Coast Guard requests that all comments and attachments be 
submitted in an 8\1/2\'' x 11'' unbound format suitable for copying and 
electronic filing. If that is not practical, a second copy of any bound 
material is requested. Persons requesting acknowledgment of receipt of 
comments should enclose a stamped, self-addressed postcard or envelope.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments. 
The Coast Guard plans no public hearing. Persons may request a public 
hearing by writing to Commander (b), First Coast Guard District at the 
address under ADDRESSES. The request should include reasons why a 
hearing would be beneficial. If it is determined that the opportunity 
for oral presentations will aid this rulemaking, the Coast Guard will 
hold a public hearing at a time and place announced by a later notice 
in the Federal Register.

Discussion of Proposed Amendments

    The annual Swim Buzzards Bay Day is a local, traditional event 
which has been held for the previous two years on the Achushnet 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 desires to establish a permanent regulation. The 
proposed regulation will establish a regulated area in the Acushnet 
River for the 1996 event and will establish a permanent regulation for 
following years. This proposal 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 
weekend in July 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.

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 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 (55 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 proposal will not have 
a significant economic impact on a substantial number of small 
entities.

Collection of Information

    This proposal 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 proposal under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this proposal does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard has considered the environmental impacts of this 
proposal 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 proposal 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.

Proposed Regulation

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 as follows:
    1. The authority citation for part 100 continues to read as 
follows:


[[Page 20197]]


    Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.

    2. A permanent 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.
    (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 regulation and other applicable laws.
    (c) Effective period. This section is in effect from 10 a.m. to 12 
p.m. on July 28, 1996, and each year thereafter on a date and times 
published in the Federal Register.

    Dated: April 23, 1996.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 96-11237 Filed 5-3-96; 8:45 am]
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