[Federal Register Volume 68, Number 181 (Thursday, September 18, 2003)]
[Rules and Regulations]
[Pages 54660-54662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23778]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-03-129]
RIN 1625-AA08


Special Local Regulations for Marine Events; James River, 
Jamestown Beach to First Colony Beach, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local 
regulations during the ``James River Cancer Swim'', a marine event to 
be held September 21, 2003 on the waters of the James River, between 
Jamestown Beach and First Colony Beach, 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 Beach and First Colony Beach, Virginia during the 
event.

DATES: This rule is effective from 12:45 p.m. to 3:45 p.m. on September 
21, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket CGD05-03-129 and are available for 
inspection or copying at Commander (oax), Fifth Coast Guard District, 
431 Crawford 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, 
Auxiliary and Recreational Boating Safety Branch, 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 take place on 
September 21, 2003. There is not sufficient time to allow for a notice 
and comment period, prior to the event. Because of the danger posed to 
the swimmers competing within a confined area, special local 
regulations are necessary to provide for the safety of event 
participants, support craft and other vessels transiting the event 
area.
    For the same reasons, under 5 U.S.C. 553(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. Delaying the 
effective date would be contrary to the public interest, since 
immediate action is needed to ensure the safety of participants, 
support craft, 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. However, advance 
notifications will be made to affected users of the waterway via marine 
information broadcasts and area newspapers.

Background and Purpose

    On September 21, 2003, the College of William and Mary will sponsor 
the ``James River Cancer Swim''. The event will consist of 
approximately 60 swimmers competing across a portion of the James River 
between Jamestown Beach and First Colony Beach, Virginia. The 
competition will begin at the southern shoreline. The participants will 
swim across to the northern shore, and then return to the finish line 
on the southern shore. Approximately 10 support vessels will accompany 
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, support craft 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 Beach and 
First Colony Beach, Virginia. The temporary special local regulations 
will be in effect from 12:45 p.m. to 3:45 p.m. on September 21, 2003. 
The effect will be to restrict general navigation in the regulated area 
during the event. Except for persons or vessels authorized by the

[[Page 54661]]

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 Homeland 
Security (DHS).
    We expect the economic impact of this temporary final rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary.
    Although this regulation restricts vessel traffic transiting a 
portion of the James River during the event, the effect of this 
regulation will not be significant due to the limited duration that the 
regulated area will be in effect. Extensive advance notifications will 
be made to the maritime community via 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 
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 portion of the James River during the 
event.
    This rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule will be in effect for only a short period, from 12:45 p.m. to 3:45 
p.m. on September 21, 2003. Vessels desiring to transit the event area 
will be able 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. Before the enforcement period, we will issue maritime 
advisories so mariners can adjust their plans accordingly.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 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 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 an 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 will not create an 
environmental risk to health or risk to safety that might 
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 Governments 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 
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.

[[Page 54662]]

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded under 
figure 2-1, paragraph (34)(h), of the Instruction, 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. 
Under figure 2-1, paragraph (34)(h), of the Instruction, an 
``Environmental Analysis Check List'' and a ``Categorical Exclusion 
Determination'' are not required for this rule.

List of Subjects in 33 CFR Part 100

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

0
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

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233; Department of Homeland Security 
Delegation No. 0170.1.

0
2. Add a temporary Sec.  100.35-T05-129 to read as follows:


Sec.  100.35-T05-129  James River, Jamestown Beach to First Colony 
Beach, VA.

    (a) Definitions.
    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.
    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.
    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.
    (b) 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.
    (ii) Proceed as directed by any official patrol.
    (c) Enforcement period. This section will be enforced from 12:45 
p.m. to 3:45 p.m. on September 21, 2003.

    Dated: September 8, 2003.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 03-23778 Filed 9-17-03; 8:45 am]
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