Special Local Regulation: Swim Buzzards Bay Day, New Bedford, MA

[[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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