[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Rules and Regulations]
[Pages 26103-26104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13163]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 100

[CGD01-95-170]
RIN 2115-AE46


Special Local Regulation: Swim the Bay, Narragansett Bay, 
Narragansett, RI

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 competition know as Swim the Bay. The event 
will be held on July 27, 1996, and each year thereafter on a date and 
times published in a Federal Register document. This regulation is 
needed to protect the participants from vessel traffic during the 
swimming competition.

EFFECTIVE DATE: This rule is effective on June 24, 1996.

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

SUPPLEMENTARY INFORMATION:

Regulatory History

    A Notice of Proposed Rulemaking (NPRM) was published on March 20, 
1996, (61 FR 11353) proposing the establishment of a permanent special 
local regulation for the annual swimming competition Swim the Bay. 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 the Bay competition is a local, traditional event 
that has been held for many years in the East Passage of Narragansett 
Bay, Jamestown/Newport, RI. In the past, the Coast Guard has 
promulgated individual regulations for each year's race. Given the 
recurring nature of the event, the Coast Guard is establishing a 
permanent regulation. This rule establishes a regulated area in the 
East Passage of Narragansett Bay and provides specific guidance to 
control vessel movement during the race. This rule restricts vessels 
from approaching within 200 feet of participating competition swimmers.
    The event consists of two heats of approximately 100 swimmers 
racing 1.7 miles from Coasters Harbor Island beach, Newport, RI, to 
Potters Cove, Jamestown, RI. 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. The time period for the event is 
dictated by tidal conditions. Subject to Coast Guard approval, the 
sponsor selects a Saturday in July or August that most closely exhibits 
low tide 40 minutes after 8 a.m. 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. This final rule varies from the NPRM in that it 
provides the exact date and times for this year's race and provides for 
the effective date and times for subsequent year's events to be 
published in a Federal Register document.

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). Due to the short duration of the event and its 
limited restriction on vessel traffic transiting the East Passage of 
Narragansett Bay, the Coast Guard expects the economic impact of this 
rule to be so minimal that a full Regulatory Evaluation, under

[[Page 26104]]

paragraph 10e of the regulatory policies and procedures of DOT, is 
unnecessary.

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 the 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. 
If, however, you think that your business or organization qualifies as 
a small entity and that this rule will have a significant economic 
impact on your business or organization, please submit a comment 
explaining why you think it qualifies and in what way and to what 
degree this rule will economically affect it.

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 action 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, (as revised by 61 FR 13563, March 27, 1996) this rule is a 
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:
    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. Section 100.112 is added to read as follows:


Sec. 100.112  Swim the Bay, Narragansett Bay, Narragansett, RI.

    (a) Regulated area. All waters of the East Passage of Narragansett 
Bay within 200 feet of participating competition 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 the 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 July 27, 1996, 
from 10:30 a.m. to 12:30 p.m., and each year thereafter on a date and 
times published in a Federal Register document.

    Dated: May 13, 1996.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 96-13163 Filed 5-23-96; 8:45 am]
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