Special Local Regulation: Provincetown Harbor Swim for Life, Provincetown, MA

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD01-95-169]

RIN 2115-AE 46

Special Local Regulation: Provincetown Harbor Swim for Life,

Provincetown, 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 the Provincetown Harbor

Swim for Life. The event will be held annually, on the first Saturday

following the Labor Day holiday weekend, in Cape Cod Bay, Provincetown

Harbor, Provincetown, MA. This regulation is needed to protect the

participants from transiting vessel traffic during the swimming event.

DATES: Comments must be received on or before May 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 (jg) 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 (CGD01-95-169), 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 Provincetown 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 running of the race. Given the

recurring nature of the event, the Coast Guard desires to establish a

permanent regulation. The proposed regulation would establish a

regulated area in Provincetown Harbor of Cape Cod Bay and would provide

specific guidance to control vessel movement during the event. This

proposal 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 designated Coast Guard vessel

for vessels requiring transit within 200 feet of participating

swimmers.

The proposed section will be effective annually on the first

Saturday following the Labor Day holiday weekend, at a specific time

published in a Coast Guard Notice to Mariners. A rain date may be

established and published in a Coast Guard Notice to Mariners.

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 (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 proposal will not have

a significant

[[Page 11353]]

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 59 FR 38654, July 29, 1994) this proposal is a

regulation issued in conjunction with an annually issued regatta or

marine parade permit 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:

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. Section 100.113 is added to read as follows:

Sec. 100.113 Provincetown 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 Coat 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 annually on the

first Saturday following the Labor Day holiday weekend at times

published in a Coast Guard Notice to Mariners.

Dated: February 27, 1996.

J.L. Linnon,

Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.

[FR Doc. 96-6300 Filed 3-19-96; 8:45 am]

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