[Federal Register Volume 64, Number 162 (Monday, August 23, 1999)]
[Rules and Regulations]
[Pages 45878-45879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21767]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD 05-99-041]
RIN 2115-AA97


Safety Zone: Virginia Beach Weekly Fireworks Display, Rudee 
Inlet, Virginia Beach, Virginia, and Atlantic Ocean, Coastal Waters, 
Between 17th and 20th Street, Virginia Beach, Virginia

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone around 
a fireworks-laden vessel being used for the Virginia Beach Weekly 
Fireworks Display, to be held on the waters of the Atlantic Ocean, 
approximately 1,000 yards off Virginia Beach, Virginia, between 17th 
and 20th Streets. This zone is intended to restrict vessel traffic 
around the fireworks-laden vessel during its transit to the launch site 
and during the fireworks display. It is necessary to protect mariners 
and spectators from the hazards associated with both transporting 
fireworks and the fireworks display.

EFFECTIVE DATE: This regulation is effective 8 p.m. on June 1, 1999, 
until 11 p.m. on September 5, 1999.

FOR FURTHER INFORMATION CONTACT: Lieutenant Karrie Trebbe, project 
officer, USCG Marine Safety Office Hampton Roads, telephone number 
(757) 441-3290.

SUPPLEMENTARY INFORMATION: Notice of Proposed Rule Making (NPRM) was 
published for this temporary final rule. In keeping with 5 U.S.C. 
553(b)(B), the Coast Guard finds that good cause exists for not 
publishing an NPRM. In keeping with the requirements of 5 U.S.C. 
533(d)(3), the Coast Guard also finds good cause exists for making this 
rule effective less than 30 days after publication in the Federal 
Register. The Coast Guard received this request for a temporary safety 
zone on May 21, 1999. Delaying the effective date of the rule would be 
contrary to the public interest, as immediate action is necessary to 
protect the vessels and spectators from the hazards associated with 
both transporting fireworks and the fireworks display.

Discussion of the Temporary Final Rule

    The Coast Guard is establishing a temporary safety zone around a 
fireworks-laden vessel being used for the Virginia Beach Weekly 
Fireworks Display, to be held on the waters of the Atlantic Ocean, 
approximately 1,000 yards off Virginia Beach, Virginia, between 17th 
and 20th Streets. This action is intended to restrict vessel traffic 
around the fireworks-laden vessel during its transit through Rudee 
Inlet, Virginia Beach, Virginia; during its transit from Rudee Inlet to 
the fireworks launch site; and during the fireworks display. The safety 
zone is necessary to protect mariners and spectators from the hazards 
associated with both transporting fireworks and the fireworks display.
    The Virginia Beach Weekly Fireworks Display will be held each 
Sunday evening starting on May 30, 1999, and ending on September 5, 
1999. The safety zone will be enforced only on those Sundays, between 8 
p.m. and 11 p.m. Entry into this safety zone is prohibited unless 
authorized by the Captain of the Port Hampton Roads or his designated 
representative. Public notifications will be made before the event by 
local notices to mariners and marine-information broadcasts.

Regulatory Evaluation

    This temporary final 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). This rule affects only a 
limited area for 3 hours, once a week, and affects only the waters 
within a 150-foot radius of the fireworks-laden vessel as it transits 
to the launch site and the waters within a 1,000-foot radius of the 
launch site. The Coast Guard expects the economic impact of this rule 
to be so minimal that a full Regulatory Evaluation under 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 considered whether this temporary final rule will have a 
significant economic impact on a substantial number of small entities. 
``Small Entities'' include 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. This rule affects only a limited area 
for 3 hours, once a week, and affects only the waters within a 150-foot 
radius of the fireworks-laden vessel as it transits to the launch site 
and the waters within a 1,000-foot radius of the launch site. 
Therefore, the Coast Guard certifies under section 605(b) of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this rule will 
not have a significant economic impact on a substantial number of small 
entities.

Collection of Information

    This temporary final rule does not provide for a collection of 
information under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this temporary final rule under the 
principles and criteria contained in Executive Order 12612, and has 
determined that it does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard has analyzed this temporary final rule and 
concluded that, under figure 2-1, paragraph (34)(g) of COMDTINST 
M16475.1C, this rule is categorically excluded from further 
environmental documentation. Rules establishing safety zones are 
excluded under that authority.

List of Subjects in 33 CFR Part 165

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

[[Page 45879]]

Regulation

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

PART 165--[AMENDED]

    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, and 160.5; 49 CFR 1.46.

    2. A new temporary Sec. 165.T05-041 is added to read as follows:


Sec. 165.T05-041  Safety Zone: Virginia Beach Weekly Fireworks Display, 
Rudee Inlet, Virginia Beach, Virginia, and Atlantic Ocean, Coastal 
Waters, between 17th and 20th Street Virginia Beach, Virginia.

    (a) Location. The following area is a safety zone: All waters 
within a 150-foot radius of a fireworks-laden vessel as it transits 
through Rudee Inlet and from Rudee Inlet to the fireworks launch site 
about 1,000 yards off the coast of Virginia Beach, Virginia, between 
17th and 20th streets, and all waters within a 1,000-foot radius of the 
fireworks launch site.
    (b) Effective date. This section is effective from 8 p.m. on June 
1, 1999 until 11 p.m. on September 5, 1999. It will be enforced only on 
Sunday starting on June 1, 1999, and ending on September 5, 1999, 
between 8 p.m. and 11 p.m.
    (c) Captain of the Port. Captain of the Port means the Commanding 
Officer of the Marine Safety Office Hampton Roads, Norfolk, VA, or any 
Coast Guard commissioned, warrant, or petty officer who has been 
authorized by the Captain of the Port to act on his behalf.
    (d) Regulations. (1) In accordance with the general regulations in 
Secs. 165.23 and 165.501, entry into this safety zone is prohibited 
unless authorized by the Captain of the Port of his designated 
representative.
    (2) Persons or vessels requiring entry into or passage through the 
safety zone must first request authorization from the Captain of the 
Port or his designated representative. The vessels enforcing the safety 
zone are available on VHF Marine Band Radio, channels 13 and 16. The 
Captain of the Port or his representative is available at (757) 484-
8192.
    (3) The Captain of the Port will notify the public of changes in 
the status of this zone by Marine Safety Radio Broadcast on VHF Marine 
Band Radio, Channel 22 (157.1 MHz).

    Dated: June 1, 1999.
J.E. Schrinner,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. 99-21767 Filed 8-20-99; 8:45 am]
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