[Federal Register Volume 67, Number 18 (Monday, January 28, 2002)]
[Rules and Regulations]
[Pages 3812-3814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1871]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD05-01-046]
RIN 2115-AE84


Regulated Navigation Area; Chesapeake Bay Entrance and Hampton 
Roads, VA and Adjacent Waters

AGENCY: Coast Guard, DOT.

ACTION: Direct final rule.

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SUMMARY: The Coast Guard is amending the regulations for the Chesapeake 
Bay entrance and Hampton Roads, VA and adjacent waters--regulated 
navigation area (Lower Chesapeake Bay RNA). This change to the Lower 
Chesapeake Bay RNA excludes public vessels, owned, leased, or operated 
by the U.S. Government, from its navigational charts and publications 
carriage requirements. This amendment brings carrying requirements for 
public vessels operating in the Lower Chesapeake Bay RNA in alignment 
with the requirements for all other U.S. waters.

DATES: This rule is effective April 29, 2002, unless an adverse 
comment, or notice of intent to submit an adverse comment reaches the 
Commander, Fifth Coast Guard District (Aow), on or before March 29, 
2002. If an adverse comment, or notice of intent to submit an adverse 
comment is received, the Coast Guard will withdraw this direct final 
rule and publish a timely notice of withdrawal in the Federal Register.

ADDRESSES: Comments should be submitted to the address in this 
paragraph. Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD05-01-046 and are available for inspection or 
copying at Commander (Aoww), Fifth Coast Guard District, Federal 
Building, 431 Crawford Street, Portsmouth, VA, 23704-5004, between 8:30 
a.m. and 3:30 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LTjg Anne Grabins, Fifth Coast Guard 
District Aids to Navigation Office, (757) 398-6559.

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 rulemaking [CGD05-01-046] and the specific section of 
this document to which each comment applies, and give the reason for 
each comment. Please submit all comments and attachments in an unbound 
format, no larger than 8\1/2\ by 11 inches, suitable for copying and 
electronic filing to the address under ADDRESSES. You may submit your 
comments and material by mail, hand delivery or fax to the address 
under ADDRESSES; but please submit your comments and material by only 
one means. If you submit them by mail and would like to know they were 
received, please enclose a stamped, self-addressed postcard or 
envelope.

Regulatory Information

    The Coast Guard is publishing a direct final rule, the procedures 
for which appear in 33 CFR 1.05-55, because it anticipates no adverse 
comment. If no adverse comment or written notice of intent to submit an 
adverse comment is received within the specified comment period, this 
rule will become effective as stated in the DATES section. In that 
case, approximately 30 days before the effective date, the Coast Guard 
will publish a document in the Federal Register stating that no adverse 
comment was received and confirming that this rule will become 
effective as scheduled. However, if the Coast Guard receives a written 
adverse comment or written notice of intent to submit an adverse 
comment, it will publish a document in the Federal Register announcing 
withdrawal of all or part of this direct final rule.
    If an adverse comment applies to only part of this rule and it is 
possible to remove that part without defeating the purpose of this 
rule, the Coast Guard may adopt as final those parts of this rule on 
which no adverse comment was received. The part of this rule that was 
the subject of an adverse comment will be withdrawn. If the Coast Guard 
decides to proceed with a rulemaking following receipt of an adverse 
comment, the Coast Guard will publish a separate Notice of Proposed 
Rulemaking (NPRM) and provide a new opportunity for comment.
    A comment is considered ``adverse'' if the comment explains why 
this rule would be inappropriate, including a challenge to the rule's 
underlying premise or approach, or why it would be ineffective or 
unacceptable without a change.

Background and Purpose

    On May 2, 2001, in Volume 66 of Federal Register Number 85, pages 
21862-21865, the Coast Guard published a direct final rule that changed 
33 CFR part 164, section 164.01 (a) and (c), a change that exempts 
public vessels equipped with electronic charting and navigation systems 
from paper chart carriage requirements. This geographically broad rule, 
which became effective July 31, 2001 (66 FR 42573, August 15, 2001), 
applies to public vessels operating in the navigable waters of the 
United States.
    A separate part of the CFR, however, still requires public vessels 
operating in the Lower Chesapeake Bay RNA to carry paper charts, 33 CFR 
165.501(d)(7). We are amending the Chesapeake Bay RNA regulation to 
bring its navigation requirements for public vessels operating in this 
area in alignment with the requirements for all other U.S. waters.
    This rule excludes public vessels from the corrected paper chart 
requirements contained in 33 CFR 165.501(d)(7),

[[Page 3813]]

when operating in the Chesapeake Bay entrance and Hampton Roads, VA, 
and adjacent waters--regulated navigation area. This exclusion only 
applies to public vessels equipped with an electronic charting and 
navigation systems that meet the standards approved by the Federal 
agency exercising operational control of the vessel.

Discussion of Rule

    The intent of the rule is to enable Federal agencies to utilize 
electronic charting and navigation systems as an alternative to 
requiring corrected paper charts, when the public vessel is equipped 
with an electronic system and backup. In addition, this rule is 
congruent with the direct final rule published May 2, 2001, and makes 
the requirements for public vessels in the Lower Chesapeake Bay RNA 
consistent in U.S. waters.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 not 
reviewed it under that Order. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Transportation 
(DOT)(44 FR 11040, February 26, l979). The Coast Guard expects the 
economic impact of this rule to be so minimal that a full Regulatory 
Evaluation under paragraph 10(e) of the regulatory policies and 
procedures of DOT is not necessary.
    This direct final rule excludes public vessels from certain 
requirements that are found in the Regulated Navigation Area 
regulations in 33 CFR 165.501. Agencies will be allowed the flexibility 
of using either electronic charts or the currently required corrected 
paper charts. Consequently, this rule does not impose mandatory costs 
on the agencies involved.
    This direct final rule would apply only to public vessels owned, 
operated, or leased by the United States Government that are equipped 
with an approved electronic system.
    The Coast Guard does not expect that using electronic charts and 
navigation systems in place of corrected paper charts will adversely 
impact maritime safety.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    Therefore, 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. Comments submitted in response to this 
finding will be evaluated under the criteria in the ``Regulatory 
Information'' section of this preamble.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.
    To help the Coast Guard establish regular and meaningful 
consultation and collaboration with Indian and Alaskan Native tribes, 
we published a notice in the Federal Register (66 FR 36361, July 11, 
2001) requesting comments on how to best carry out the Order. We invite 
your comments on how this rule might impact tribal governments, even if 
that impact may not constitute a ``tribal implication'' under the 
Order.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph (34)(g) of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation. The Coast Guard believes this rule will 
not have any significant effect on the environment. This rule is a 
change to an established Regulated Navigation Area, meeting the 
categorical exclusion requirements outlined in paragraph (34)(g) of the 
above instruction. A ``Categorical Exclusion Determination'' is 
available in the docket for inspection

[[Page 3814]]

or copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Waterways.


    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.


    2. In Sec. 165.501, revise paragraph (d)(7)(i) to read as follows:


Sec. 165.501.  Chesapeake Bay entrance and Hampton Roads, Va. and 
adjacent waters-regulated navigation area.

* * * * *
    (d) * * *
    (7) * * *
    (i) Corrected charts of the Regulated Navigation Area. Instead of 
corrected paper charts, warships or other vessels owned, leased, or 
operated by the United States Government and used only in government 
noncommercial service may carry electronic charting and navigation 
systems that have met the applicable agency regulations regarding 
navigation safety.
* * * * *

    Dated: January 15, 2002.
T.W Allen,
Commander, Fifth Coast Guard District.
[FR Doc. 02-1871 Filed 1-25-02; 8:45 am]
BILLING CODE 4910-15-U