[Federal Register Volume 63, Number 132 (Friday, July 10, 1998)]
[Rules and Regulations]
[Pages 37249-37250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18392]


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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: Final rule.

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SUMMARY: The Coast Guard is establishing a permanent special local 
regulation for a swimming event known as Swim Buzzards Bay Day. The 
event is held annually on a day during the last weekend of July or 
first weekend in August. This swimming event takes place in Buzzards 
Bay, on the Acushnet River. The actual date time will be published in a 
Federal Register document. This regulation is needed to protect the 
participants from vessel traffic during the swimming event.

DATES: This section is effective on July 24, 1998.

FOR FURTHER INFORMATION CONTACT:
Lieutenant Timothy J. Carton, Office of Search and Rescue, First Coast 
Guard District, (617) 223-8460.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    A notice of proposed rulemaking (NPRM) was published on May 6, 1996 
(61 FR 20196) proposing the establishment of a permanent special local 
regulation for the annual swimming competition, Swim Buzzards Bay Day, 
New Bedford, MA. 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 Buzzards Bay Day is a local, traditional event that 
has been held for many years on the Acushnet 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 is establishing a permanent regulation. This rule 
establishes a permanent regulation for an annual event to be held 
during the last week of July or first week in August on the Acushnet 
River. This rule 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 day 
during the last weekend of July or the first weekend of August 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.
    Good cause exists for providing this rule to become effective in 
less than 30 days. This rule is being made effective less than 30 days 
after publication due to the need to publish a notice in the Federal 
Register, which will provide an exact date and time of the annual 
event. Any delay encountered in effecting this rule would be contrary 
to the public interest, as the rule is needed to ensure the safety of 
the boating pubic during this event.

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. The 
Office of Management and Budget has exempted it from review 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 
rule 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 that the regulation 
places on vessel traffic.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this rule would have a significant 
economic impact on a substantial number of small entities. ``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 under the principles and a 
criterion contained in Executive Order 12612 and has determined that 
this 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 
final rule and concluded that under Figure 2-1, paragraph 34(h), of 
Commandant Instruction M16475.1C, this rule 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 the 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. A new 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.

[[Page 37250]]

    (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 section and other applicable laws.
    (c) Effective period. This section is in effect annually on one day 
during the last week of July or first week in August. Actual dates and 
time will be published in a Federal Register document.

    Dated: June 24, 1998.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 98-18392 Filed 7-9-98; 8:45 am]
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