[Federal Register Volume 67, Number 178 (Friday, September 13, 2002)]
[Rules and Regulations]
[Pages 57950-57952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23403]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD05-02-064]
RIN 2115-AE46


Special Local Regulations for Marine Events; James River, 
Jamestown to Scotland, VA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local 
regulations during the ``John Randolph Memorial James River Swim'', a 
marine event to be held September 22, 2002 on the waters of the James 
River, between Jamestown and Scotland, Virginia. These special local 
regulations are necessary to provide for the safety of life on 
navigable waters during the event. This action is intended to 
temporarily restrict vessel traffic in a portion of the James River 
between Jamestown and Scotland, Virginia during the event.

DATES: This rule is effective from 9:45 a.m. to 1:15 p.m. on September 
22, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket CGD05-02-064 and are available for 
inspection or copying at Commander (Aoax), Fifth Coast Guard District, 
431 Crawford

[[Page 57951]]

Street, Portsmouth, Virginia 23704-5004, between 9 a.m. and 2 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: S. L. Phillips, Project Manager, 
Commander (Aoax), Fifth Coast Guard District, 431 Crawford Street, 
Portsmouth, Virginia 23704-5004, at (757) 398-6204.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. The event will be held on 
Sunday, September 22, 2002. There is not sufficient time to allow for a 
notice and comment period, prior to the event. Because of the danger 
posed to approximately 60 swimmers competing within a confined area, 
special local regulations are necessary to provide for the safety of 
event participants, spectator craft and other vessels transiting the 
event area. For the safety concerns noted, it is in the public interest 
to have these regulations in effect during the event. In addition, 
advance notifications will be made via the Local Notice to Mariners, 
marine information broadcasts, and area newspapers.
    Under 5 U.S.C. (d)(3), the Coast Guard finds that good cause exists 
for making this rule effective less than 30 days after publication in 
the Federal Register. Any delay in implementing this rule would be 
contrary to the public interest since immediate action is required to 
provide for safety of the event participants, spectator craft and other 
vessels transiting the event area. For the safety concerns noted, it is 
in the public interest to have these regulations in effect during the 
event. In addition, advance notifications will be made via Local Notice 
to Mariners, marine information broadcasts, and area newspapers.

Background and Purpose

    On September 22, 2002, the College of William and Mary will sponsor 
the ``John Randolph Memorial James River Swim''. The event will consist 
of approximately 60 swimmers competing across a portion of the James 
River between Jamestown and Scotland, Virginia. The competition will 
begin at the southern shoreline near Scotland, Virginia. The 
participants will swim across to the northern shore, near Jamestown, 
Virginia, and then return to the finish line on the southern shore. A 
fleet of spectator vessels is expected to gather near the event site to 
view the swimmers. Due to the need for vessel control during the 
swimming event, the Coast Guard will temporarily restrict vessel 
traffic in the event area to provide for the safety of participants, 
spectators and other transiting vessels,

Discussion of Rule

    The Coast Guard is establishing temporary special local regulations 
on specified waters of the James River between Jamestown and Scotland, 
Virginia. The temporary special local regulations will be in effect 
from 9:45 a.m. to 1:15 p.m. on September 22, 2002. The effect will be 
to restrict general navigation in the regulated area during the event. 
Except for persons or vessels authorized by the Coast Guard Patrol 
Commander, no person or vessel may enter or remain in the regulated 
area. Vessel traffic will be allowed to transit the regulated area at 
slow speed as the swim progresses, when the Coast Guard Patrol 
Commander determines it is safe to do so. These regulations are needed 
to control vessel traffic during the event to enhance the safety of 
participants, spectators and transiting vessels.

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, 1979).
    Although this rule prevents traffic from transiting a portion of 
the James River between Jamestown and Scotland, Virginia during the 
event, the effect of this rule will not be significant due to the 
limited duration that the regulated area will be in effect and the 
extensive advance notifications that will be made to the maritime 
community via the Local Notice to Mariners, marine information 
broadcasts, and area newspapers so mariners can adjust their plans 
accordingly. In addition, vessel traffic will be allowed to transit the 
regulated area at slow speed as the swim progresses, when the Coast 
Guard Patrol Commander determines it is safe to do so.

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.
    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.
    This rule will affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
or anchor in the effected portions of the James River during the event.
    Although this rule prevents traffic from transiting a portion of 
the James River between Jamestown and Scotland, Virginia during the 
event, the effect of this rule will not be significant because of the 
limited duration that the regulated area will be in effect and the 
extensive advance notifications that will be made to the maritime 
community via the Local Notice to Mariners, marine information 
broadcasts, and area newspapers so mariners can adjust their plans 
accordingly. In addition, vessel traffic will be allowed to transit the 
regulated area at slow speed as the swim progresses, when the Coast 
Guard Patrol Commander determines it is safe to do so.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this temporary rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the address listed under 
ADDRESSES.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork

[[Page 57952]]

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 effect 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 concern 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 and 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.

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, paragraphs (34)(h) and (35)(a) of 
Commandant Instruction M16475.1D, this rule is categorically excluded 
from further environmental documentation. Special local regulations 
issued in conjunction with a regatta or marine parade permit are 
specifically excluded from further analysis and documentation under 
those sections. A ``Categorical Exclusion Determination'' is available 
in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 100

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


    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

    1. The authority citation for part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233; 49 CFR 1.46.


    2. From 9:45 a.m. to 1:15 p.m. on September 22, 2002, add temporary 
section, Sec.  100.35-T05-064 to read as follows:


Sec.  100.35-T05-064  James River, Jamestown to Scotland, Virginia

    (a) Definitions. (1) Coast Guard Patrol Commander means a 
commissioned, warrant, or petty officer of the Coast Guard who has been 
designated by the Commander, Coast Guard Group Hampton Roads.
    (2) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Group Hampton Roads with a commissioned, 
warrant, or petty officer of the Coast Guard on board and displaying a 
Coast Guard ensign.
    (b) Regulated area. Includes all waters of the James River enclosed 
by a line drawn southerly from a point on the shoreline at latitude 
37[deg]12'33'' N, longitude 076[deg]46'52'' W, thence to latitude 
37[deg]10'58'' N, longitude 076[deg]47'06'' W, thence easterly along 
the shoreline to latitude 37[deg]10'35'' N, longitude 076[deg]46'42'' 
W, thence northerly to latitude 37[deg]12'22'' N, longitude 
076[deg]46'27'' W, thence returning westerly along the shoreline to 
latitude 37[deg]12'33'' N, longitude 076[deg]46'52'' W. All coordinates 
reference Datum NAD 1983.
    (c) Special local regulations. (1) Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area.
    (2) The operator of any vessel in the regulated area shall:
    (i) Stop the vessel immediately when directed to do so by any 
official patrol, including any commissioned, warrant, or petty officer 
on board a vessel displaying a Coast Guard ensign.
    (ii) Proceed as directed by any official patrol, including any 
commissioned, warrant, or petty officer on board a vessel displaying a 
Coast Guard ensign.
    (d) Enforcement period. This section will be enforced from 9:45 
a.m. to 1:15 p.m. on September 22, 2002.

    Dated: August 21, 2002.
James D. Hull,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 02-23403 Filed 9-12-02; 8:45 am]
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