[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]
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