[Federal Register Volume 65, Number 122 (Friday, June 23, 2000)]
[Rules and Regulations]
[Pages 39104-39105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15940]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD05-00-022]
RIN 2115-AE46


Special Local Regulations for Marine Events; Maryland Swim for 
Life, Chester River, Chestertown, MD

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is adopting temporary special local 
regulations for the Maryland Swim for Life, a marine event to be held 
on the waters of the Chester River, Chestertown, Maryland. These 
special local regulations are necessary to provide for the safety of 
life on navigable waters during the event. This action is intended to 
restrict vessel traffic in portions of the Chester River during the 
event.

DATES: This rule is effective from 6 a.m. to 1 p.m. on July 8, 2000.

ADDRESSES: You may mail comments and related material to Commander 
(Aoax), Fifth Coast Guard District, 431 Crawford Street, Portsmouth, 
Virginia 23704-5004, or deliver them to the same address between 9 a.m. 
and 2 p.m., Monday through Friday, except Federal holidays. Comments 
and materials received from the public as well as documents indicated 
in this preamble as being available in the docket, are part of this 
docket and are available for inspection or copying at Commander (Aoax), 
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, 
Operations Division, Auxiliary Section, at (757) 398-6204.

SUPPLEMENTARY INFORMATION:

Request for Comments

    Although this rule is being published as a temporary final rule 
without prior notice, an opportunity for public comment is nevertheless 
desirable to ensure the rule is both reasonable and workable. 
Accordingly, we encourage you to submit comments and related material. 
If you do so, please include your name and address, identify the docket 
number (CGD05-00-022), indicate the specific section of this document 
to which each comment applies, and give the reason for each comment. 
Please submit all comments and related materials in an unbound format, 
no larger than 8.5 by 11 inches, suitable for copying. If you would 
like to know they reached us, please enclose a stamped, self-addressed 
postcard or envelope.

Regulatory Information

    A notice of proposed rulemaking (NPRM) was not published for this 
regulation. In keeping with 5 U.S.C. 553(b)(B), the Coast Guard finds 
that good cause exists for not publishing a NPRM. The Coast Guard 
received confirmation of the request for special local regulations on 
May 19, 2000. We were notified of the event with insufficient time to 
publish a NPRM, allow for comments, and publish a final rule prior to 
the event.

Background and Purpose

    On July 8, 2000, the Maryland Swim for Life Association will 
sponsor the Maryland Swim for Life on the waters of the Chester River. 
Approximately 100 swimmers will start from Rolph's Wharf and swim 
upriver 2 miles then swim down river returning back to Rolph's Wharf. A 
large fleet of support vessels will be accompanying the swimmers. To 
provide for the safety of participants and support vessels, the Coast 
Guard will temporarily restrict vessel traffic in the event area during 
the swim.

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. 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).
    We expect the economic impact of this temporary final rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary.
    Although this regulation prevents traffic from transiting a portion 
of the Chester 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 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.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), 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.
    Although this regulation prevents traffic from transiting a portion 
of the Chester River during the event, the effect of this regulation 
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.

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

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This rule will not impose an unfunded mandate.

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

[[Page 39105]]

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.

Environment

    We considered the environmental impact of this rule and concluded 
that, under figure 2-1, paragraph (34)(g), of Commandant Instruction 
M16475.1C, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket where indicated under ADDRESSES. By 
controlling vessel traffic during the event, this rule is intended to 
minimize environmental impacts of increased vessel traffic during the 
transit of support vessels.

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--[AMENDED]

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

    Authority: 33 U.S.C. 1233 through 1236; 49 CFR 1.46 and 33 CFR 
100.35.


    2. Add temporary Sec. 100.35-T05-022 to read as follows:


Sec. 100.35-T05-022  Maryland Swim for Life, Chester River, Chester, 
Maryland.

(a) Definitions.
    (1) Regulated Area. The waters of the Chester River, from shoreline 
to shoreline bounded on the south by a line drawn at latitude 
39 deg.10'16" N and bounded on the north by a line drawn at latitude 
39 deg.11'35" N. All coordinates reference Datum NAD 1983.
    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard who has 
been designated by the Commander, Coast Guard Activities Baltimore.
(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 
commissioned, warrant, or petty officer on board a vessel displaying a 
Coast Guard ensign.
    (ii) Proceed as directed by any commissioned, warrant, or petty 
officer on board a vessel displaying a Coast Guard ensign.
    (c) Effective Date. This section is effective from 6 a.m. to 1 p.m 
on July 8, 2000.

    Dated: June 8, 2000.
J.E. Shkor,
Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 00-15940 Filed 6-22-00; 8:45 am]
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