Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 / Rules and Regulations 26103

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

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 impacts of this rule 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 is a 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 the reasons set out in the

preamble, the Coast Guard proposes to

temporarily amend 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 temporary section, 100.T01–017,

is added to read as follows:

§ 100.T01–017 Quonset Open House,

North Kingstown, RI

(a) Regulated area. The regulated area

includes all waters of the West Passage

of Rhode Island Sound within the

following points (NAD 83):

Latitude Longitude

41°35′10′′ N 071°24′29′′ W

41°34′54′′ N 071°23′29′′ W

41°35′07′′ N 071°23′29′′ W

41°36′42′′ N 071°24′29′′ W

(b) Special local regulations. (1) The

Coast Guard patrol commander may

delay, modify, or cancel the event 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 June 1 and 2, 1996, from 9

a.m. to 4:30 p.m.

Dated: May 10, 1996.

J.L. Linnon,

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

First Coast Guard District.

[FR Doc. 96–13162 Filed 5–23–96; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 100

[CGD01–95–170]

RIN 2115–AE46

Special Local Regulation: Swim the

Bay, Narragansett Bay, Narragansett,

RI

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is

establishing a permanent special local

regulation for a swimming competition

know as Swim the Bay. The event will

be held on July 27, 1996, and each year

thereafter on a date and times published

in a Federal Register document. This

regulation is needed to protect the

participants from vessel traffic during

the swimming competition.

EFFECTIVE DATE: This rule is effective on

June 24, 1996.

FOR FURTHER INFORMATION CONTACT:

Lieutenant (Junior Grade) Benjamin M.

Algeo, Chief, Boating Affairs Branch,

First Coast Guard District, (617) 223–

8311.

SUPPLEMENTARY INFORMATION:

Regulatory History

A Notice of Proposed Rulemaking

(NPRM) was published on March 20,

1996, (61 FR 11353) proposing the

establishment of a permanent special

local regulation for the annual

swimming competition Swim the Bay.

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 the Bay

competition is a local, traditional event

that has been held for many years in the

East Passage of Narragansett Bay,

Jamestown/Newport, RI. In the past, the

Coast Guard has promulgated individual

regulations for each year’s race. Given

the recurring nature of the event, the

Coast Guard is establishing a permanent

regulation. This rule establishes a

regulated area in the East Passage of

Narragansett Bay and provides specific

guidance to control vessel movement

during the race. This rule restricts

vessels from approaching within 200

feet of participating competition

swimmers.

The event consists of two heats of

approximately 100 swimmers racing 1.7

miles from Coasters Harbor Island

beach, Newport, RI, to Potters Cove,

Jamestown, RI. 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. The time period for the

event is dictated by tidal conditions.

Subject to Coast Guard approval, the

sponsor selects a Saturday in July or

August that most closely exhibits low

tide 40 minutes after 8 a.m. 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. This final rule

varies from the NPRM in that it provides

the exact date and times for this year’s

race and provides for the effective date

and times for subsequent year’s events

to be published in a Federal Register

document.

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). Due to the short

duration of the event and its limited

restriction on vessel traffic transiting the

East Passage of Narragansett Bay, the

Coast Guard expects the economic

impact of this rule to be so minimal that

a full Regulatory Evaluation, under
26104 Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 / Rules and Regulations

paragraph 10e of the regulatory policies

and procedures of DOT, is unnecessary.

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-forprofit organizations that are

independently owned and operated and

are not dominant in their fields and (2)

governmental jurisdictions with

populations of less the 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. If, however,

you think that your business or

organization qualifies as a small entity

and that this rule will have a significant

economic impact on your business or

organization, please submit a comment

explaining why you think it qualifies

and in what way and to what degree this

rule will economically affect it.

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

action 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,

(as revised by 61 FR 13563, March 27,

1996) this rule is a 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:

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 100.112 is added to read as

follows:

§ 100.112 Swim the Bay, Narragansett Bay,

Narragansett, RI.

(a) Regulated area. All waters of the

East Passage of Narragansett Bay within

200 feet of participating competition

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

the 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 July 27, 1996, from 10:30

a.m. to 12:30 p.m., and each year

thereafter on a date and times published

in a Federal Register document.

Dated: May 13, 1996.

J.L. Linnon,

Rear Admiral, U.S. Coast Guard Commander,

First Coast Guard District.

[FR Doc. 96–13163 Filed 5–23–96; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 100

[CGDO1–96–016]

RIN 2115–AE46

Special Local Regulation: Revision to

Special Local Regulations, 33 CFR Part

100

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is

permanently amending a number of

special local regulations governing

marine events in the First Coast Guard

District. This rule provides the effective

dates for these events in 1996 and

provides that the effective dates for the

following years will be published in a

Federal Register notice.

EFFECTIVE DATE: This section is effective

on June 24, 1996.

FOR FURTHER INFORMATION CONTACT:

Lieutenant (Junior Grade) Benjamin M.

Algeo, Chief, Boating Affairs Branch,

First Coast Guard District, (617) 223–

8311.

SUPPLEMENTARY INFORMATION:

Regulatory History

A notice of proposed rulemaking

(NPRM) was published on March 22,

1996, (61 FR 11796) in the Federal

Register proposing a permanent change

to a number of special local regulations

governing marine events in the First

Coast Guard District. No comments were

received and no hearing was requested.

Background and Purpose

The Coast Guard is permanently

amending 33 CFR Part 100, sections

100.103—National Sweepstakes Regatta,

100.107—Windjammer Days, 100.108—

Great Kennebec River Whatever Race,

100.111—Stonington Lobster Boat

Races, 100.505—New Jersey Offshore

Grand Prix, and removing section

100.109—Whatever Festival

Hydroplanes. This final rule provides

the effective dates for the 1996 events

and eliminates the need to undergo the

rulemaking process for each event

annually by allowing the dates and

times for events in later years to be

published in a Federal Register notice.

This rule varies from the NPRM in that

it provides notice of the dates and times

of the 1996 events, requires annual

notice in the Federal Register rather

than a Coast Guard Notice to Mariners,

and provides rain dates for the Great

Kennebec River Whatever Race, the

Stonington Lobster Boat Races, and the

New Jersey Offshore Grand Prix. It also

removes section 100.109, the Whatever

Festival Hydroplanes race, which has

been canceled subsequent to the

published NPRM.

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