[Federal Register Volume 64, Number 197 (Wednesday, October 13, 1999)]
[Rules and Regulations]
[Pages 55420-55421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26674]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD 05-99-090]
RIN 2115-AA97


Safety Zone; Chesapeake Bay, Hampton, VA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the 1812 Overture Fireworks Display to be held on a deck barge in 
Chesapeake Bay, adjacent to Fort Monroe, Hampton, Virginia. This action 
is intended to restrict vessel traffic on a portion of Chesapeake Bay, 
within a 1000-foot radius of the fireworks deck barge. The safety zone 
is necessary to protect mariners and spectators from the hazards 
associated with the fireworks display.

DATES: This temporary final rule is effective from 8:30 p.m. until 9:30 
p.m. on October 23, 1999.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at the USCG Marine Safety Office Hampton Roads, 
200 Granby Street, Norfolk, Virginia, between 8 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays. The telephone number is (757) 
441-3290.

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

SUPPLEMENTARY INFORMATION:

Regulatory History

    A Notice of Proposed Rule Making (NPRM) was not published for this 
regulation. In keeping with 5 U.S.C. 553, 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 regulation effective less than 30 days 
after publication in the Federal Register. The Coast Guard received 
confirmation of this request for a temporary safety zone on September 
23, 1999. There was not sufficient time to publish a proposed rule in 
advance of the event. Publishing an NPRM and delaying the effective 
date of the regulation would be contrary to the public interest, 
because immediate action is necessary to protect the vessels and 
spectators from the hazards associated with the fireworks display.

Background and Purpose

    The Coast Guard is establishing a temporary safety zone for the 
1812 Overture Fireworks Display to be held on a deck barge in 
Chesapeake Bay adjacent to Fort Monroe, Hampton, Virginia. The safety 
zone will restrict vessel traffic on a portion of Chesapeake Bay, 
within an 1000-foot radius of the fireworks deck barge, located in 
approximate position 37 deg. 00' 03''N, 076 deg. 18' 26''W (NAD 1983). 
The safety zone is necessary to protect mariners and spectators from 
the hazards associated with the fireworks display.
    The safety zone is effective from 8:30 p.m. until 9:30 p.m. on 
October 23, 1999. Entry into this safety zone is prohibited unless 
authorized by the Captain of the Port Hampton Roads. Public 
notifications will be made prior to the event via local notice 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 temporary final rule only 
affects a limited area for one hour and only affects the waters of 
Chesapeake Bay adjacent to Fort Monroe within a 1000-foot radius of the 
fireworks deck barge. 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 regulation will be in effect for 
one hour and only affects the waters of Chesapeake Bay adjacent to Fort 
Monroe within a 1000-foot radius of the fireworks deck barge. 
Therefore, the Coast Guard certifies under section 605(b) of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this temporary 
final 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 Commandant 
Instruction M16475.1C, this temporary final rule is categorically 
excluded from further environmental documentation. This regulation will 
have no impact on the environment.

List of Subjects in 33 CFR Part 165

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

Regulation

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR 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), 
6.04-6, and 160.5; 49 CFR 1.46.

    2. A new temporary Sec. 165.T05-090 is added to read as follows:


Sec. 165.T05-090  Safety Zone; Chesapeake Bay, Hampton, VA.

    (a) Location. The following area is a safety zone: All waters of 
the Chesapeake Bay adjacent to Fort Monroe, Hampton, Virginia within a 
1000-foot radius of the fireworks deck barge at approximate position 
37 deg.00'03'' N, 076 deg.18'26'' W. All coordinates reference Datum 
NAD 1983.
    (b) Effective Date. This section is effective from 8:30 p.m. until 
9:30 p.m. on October 23, 1999.
    (c) Definition. Captain of the Port means the Commanding Officer of 
the Marine Safety Office Hampton Roads, Norfolk, VA or any Coast Guard

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commissioned, warrant, or petty officer who has been authorized by the 
Captain of the Port to act on his behalf.
    (d) Regulations. (1) All persons are required to comply with the 
general regulations governing safety zones in Sec. 165.23 of this part.
    (2) Persons or vessels requiring entry into or passage through the 
safety zone must first request authorization from the Captain of the 
Port. The Coast Guard vessels enforcing the safety zone can be 
contacted on VHF Marine Band Radio, channels 13 and 16. The Captain of 
the Port can be contacted at telephone number (757) 484-8192.
    (e) 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: September 29, 1999.
B.R. Conaway,
Commander, U.S. Coast Guard, Acting Captain of the Port Hampton Roads.
[FR Doc. 99-26674 Filed 10-12-99; 8:45 am]
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