# Special Local Regulation: Provincetown Harbor Swim for Life, Provincetown, MA > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A96-6300 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** March 20, 1996 - **Citation:** 61 FR 11352 ## Text 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. ----------------------------------------------------------------------- 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] BILLING CODE 4910-14-M --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A96-6300. Public record. Not legal advice.