[Federal Register Volume 65, Number 40 (Tuesday, February 29, 2000)]
[Proposed Rules]
[Pages 10731-10735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4375]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 100, 110, and 165

[CGD05-99-068]
RIN 2115-AA97, AA98, AE46, AE84


OPSAIL 2000, Port of Hampton Roads, VA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish temporary regulations in 
the Port of Hampton Roads, Virginia for OPSAIL 2000 activities. This 
action is necessary to provide for the safety of life on navigable 
waters before, during, and after OPSAIL 2000 events. This action will 
restrict vessel traffic in portions of Chesapeake Bay, Hampton Roads, 
and the James and Elizabeth Rivers.

DATES: Comments and related material must reach the Coast Guard on or 
before April 14, 2000.

ADDRESSES: You may mail comments and related material to the Port 
Operations Department (CGD05-99-068), Coast Guard Marine Safety Office 
Hampton Roads, 200 Granby Street, Norfolk, Virginia 23510, or deliver 
them to the 7th floor at the same address between 8 a.m. and 3 p.m., 
Monday through Friday, except Federal holidays. The Port Operations 
Department of Coast Guard Marine Safety Office Hampton Roads maintains 
the public docket for this rulemaking. Comments and materials received 
from the public as well as documents indicated in this preamble as 
being available in the docket, will become part of this docket and will 
be available for inspection or copying at Coast Guard Marine Safety 
Office Hampton Roads between 8 a.m. and 3 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander S. Moody or 
Lieutenant K. Sniffen, Port Operations Department, Coast Guard Marine 
Safety Office Hampton Roads, (757) 441-6442.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On September 30, 1999, we published an advanced notice of proposed 
rulemaking; request for comments (ANPRM) entitled OPSAIL 2000, Port of 
Hampton Roads, VA in the Federal Register (64 FR 52723). We received no 
letters commenting on our anticipated rulemaking. No public hearing was 
requested and none was held.

Request for Comments

    The Coast Guard encourages you to participate in this rulemaking by 
submitting comments and related material. If you do so, please include 
your name and address, identify the docket number for this rulemaking 
(CGD05-99-068), 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 material in an unbound format, no 
larger than 8\1/2\ by 11 inches, suitable for copying. If you would 
like to know they reached us, please enclose a stamped, self-addressed 
postcard or envelope. We will consider all comments and material 
received during the comment period. We may change this proposed rule in 
view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the Coast Guard Marine Safety 
Office Hampton Roads, at the address under ADDRESSES, explaining why 
one would be beneficial. If we determine that one would aid this 
rulemaking, we will hold one at a time and place announced by a later 
notice in the Federal Register.

Background and Purpose

    OPSAIL 2000 Norfolk is sponsoring OPSAIL 2000 in the Port of 
Hampton Roads. Planned events in the Port of Hampton Roads include: the 
arrival of more than 200 Tall Ships and other vessels at Lynnhaven 
Anchorage on June 15 and 16, 2000; a Parade of Sail of approximately 
200 Tall Ships and other vessels from that anchorage to Town Point 
Park, downtown Norfolk, on June 16, 2000; three fireworks displays 
adjacent to the Norfolk and Portsmouth seawalls on June 16, 17, and 18, 
2000; and the scheduled departure of the majority of vessels on June 
20, 2000. This event will substitute for the annual Harborfest, 
normally held on the first Friday, Saturday, and Sunday of June.
    The Coast Guard anticipates 10,000 spectator craft for these 
events. Operators should expect significant vessel congestion along the 
parade route and viewing areas for the fireworks displays.
    The purpose of these regulations is to promote maritime safety and 
protect participants and the boating public in the Port of Hampton 
Roads immediately prior to, during, and after the scheduled events. The 
regulations will establish a clear parade route for the participating 
vessels, establish no wake zones along

[[Page 10732]]

the parade route and in certain anchorage areas, modify existing 
anchorage regulations for the benefit of participants and spectators, 
and provide a safety buffer around the planned fireworks displays. The 
regulations will impact the movement of all vessels operating in the 
specified areas of the Port.
    It may be necessary for the Coast Guard to establish safety or 
security zones in addition to these regulations to safeguard 
dignitaries and certain vessels participating in the event. If the 
Coast Guard deems it necessary to establish such zones at a later date, 
the details of those zones will be announced separately via the Federal 
Register, Local Notice to Mariners, Safety Voice Broadcasts, and any 
other means available.
    All vessel operators and passengers are reminded that vessels 
carrying passengers for hire or that have been chartered and are 
carrying passengers may have to comply with certain additional rules 
and regulations beyond the safety equipment requirements for all 
pleasure craft. When a vessel is not being used exclusively for 
pleasure, but rather is engaged in carrying passengers for hire or has 
been chartered and is carrying the requisite number of passengers, the 
vessel operator must possess an appropriate license and the vessel may 
be subject to inspection. The definition of the term ``passenger for 
hire'' is found in 46 U.S.C. 2101(21a). In general, it means any 
passenger who has contributed any consideration (monetary or otherwise) 
either directly or indirectly for carriage onboard the vessel. The 
definition of the term ``passenger'' is found in 46 U.S.C. 2101(21). It 
varies depending on the type of vessel, but generally means individuals 
carried aboard vessels except for certain specified individuals engaged 
in the operation of the vessel or the business of the owner/charterer. 
The law provides for substantial penalties for any violation of 
applicable license and inspection requirements. If you have any 
questions concerning the application of the above law to your 
particular case, you should contact the Coast Guard at the address 
listed in ADDRESSES for additional information.
    Vessel operators are reminded they must have sufficient facilities 
on board their vessels to retain all garbage and untreated sewage. 
Discharge of either into any waters of the United States is strictly 
forbidden. Violators may be assessed civil penalties up to $25,000 or 
face criminal prosecution.
    Vessel operators are also reminded that Norfolk Naval Base will be 
strictly enforcing the existing restricted area defined at 33 CFR 
334.300 during all of the OPSAIL 2000 events.
    We recommend that vessel operators visiting the Port of Hampton 
Roads for this event obtain up to date editions of the following charts 
of the area: Nos. 12222, 12245, 12253, and 12254 to avoid anchoring 
within a charted cable or pipeline area.
    With the arrival of OPSAIL 2000 and spectator vessels in the Port 
of Hampton Roads for this event, it will be necessary to curtail normal 
port operations to some extent. Interference will be kept to the 
minimum considered necessary to ensure the safety of life on the 
navigable waters immediately before, during, and after the scheduled 
events.

Discussion of Proposed Rule

    The vessels involved in the Parade of Sail are scheduled to enter 
Thimble Shoal Channel at 7:30 a.m. on June 16, 2000. The lead vessel is 
scheduled to be abreast of Old Point Comfort Light at 9:30 a.m. The 
parade route includes Norfolk Harbor Entrance Reach, Norfolk Harbor 
Reach, Craney Island Reach, Lambert Bend, Port Norfolk Reach and Town 
Point Reach. The larger OPSAIL 2000 vessels will be berthed in the 
vicinity of the respective downtown Norfolk and Portsmouth waterfronts 
as they complete the parade route. The smaller OPSAIL 2000 vessels will 
proceed past Town Point Park to the vicinity of the Norfolk Naval 
Shipyard to avoid interfering with the docking of the larger vessels. 
Once all the larger vessels have been docked, the smaller vessels will 
proceed to their assigned berths.
    The safety of parade participants and spectators will require that 
spectator craft be kept at a safe distance from the parade route during 
these vessel movements. The Coast Guard proposes closing the parade 
route to all vessels not involved in the Parade of Sail for the 
duration of the Parade of Sail on June 16, 2000. The parade route has 
been segmented in this rulemaking to facilitate the earliest possible 
reopening of the waterway once all OPSAIL 2000 vessels have cleared a 
particular segment of the route, but portions of the Elizabeth River 
will remain closed to all traffic until all of the OPSAIL 2000 vessels 
are safely moored at their assigned berths.
    In addition to closing the parade route, we propose to establish 
Vessel Traffic Control Points to control the flow of spectator vessel 
traffic immediately prior to and during the parade. Vessel Traffic 
Control Points will be established at: the Elizabeth River, Western 
Branch along a line drawn across the Elizabeth River, Western Branch, 
at the West Norfolk Bridge; the Elizabeth River, Eastern Branch along a 
line drawn across the Elizabeth River, Eastern Branch, at the Berkley 
Bridge; the Elizabeth River, Southern Branch along a line drawn across 
the Elizabeth River, Southern Branch, at the Jordan Bridge; the James 
River along a line drawn across the James River at the Monitor-Merrimac 
Bridge/ Tunnel; at Old Point Comfort along a line drawn from Old Point 
Comfort Light (37 deg.00'10" N, 076 deg.18'40' W) to Fort Wool Light 
(36 deg.59'20" N, 076 deg.18'20" W); at Craney Island along a line 
drawn from Elizabeth River Channel Buoy 20 to a point of land at 
36 deg.53'32" N, 076 deg.20'19" W; at Lamberts Point along a line drawn 
from Elizabeth River Channel Lighted Buoy 29 to a point of land at 
36 deg.52'20" N, 076 deg.19'32" W; at Hospital Point along a line drawn 
from the Southeast corner of Hospital Point (36 deg.50'44" N, 
076 deg.18'14" W) to Elizabeth River Channel Lighted Buoy 36; and at 
the Portsmouth Seawall along a line drawn due East across the Elizabeth 
River, from the Northeast corner of the Portsmouth Seawall 
(36 deg.50'26" N, 076 deg.17'45" W). The Captain of the Port will 
restrict vessel traffic flow and maintain safe ingress and egress to 
areas adjacent to the parade route.
    The Coast Guard also intends to temporarily modify the existing 
anchorage regulations found at 33 CFR Sec. 110.168 to accommodate 
OPSAIL 2000 and spectator vessels. Vessels will not be allowed to 
anchor in Anchorage E, Anchorage P, or Berths F-1 and F-2 of Anchorage 
F without permission of the Captain of the Port, and Anchorage K will 
be closed to all commercial vessels except high capacity passenger 
vessels.
    The regulations for the Regulated Navigation Area defined in 33 CFR 
165.501 will also be temporarily modified for the OPSAIL 2000 event. 
Non-commercial vessels, regardless of length, will be allowed to anchor 
outside the defined anchorage areas; the draft limitation for vessels 
using Thimble Shoal Channel will be waived for OPSAIL 2000 vessels; and 
no wake zones will be placed in effect in the areas where OPSAIL 2000 
vessels are anchored prior to the start of the parade and along the 
parade route.
    In order to provide for the safety of vessels transiting the area 
or observing the three fireworks displays, the Coast Guard intends to 
implement the regulations found at 33 CFR 100.501 from 9:15 p.m. to 
10:15 p.m. on June 16, 17, and 18, 2000.

[[Page 10733]]

Regulatory Evaluation

    This proposed 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 proposed rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary.
    The primary impact of these regulations will be on vessels wishing 
to transit the affected waterways during the Parade of Sail. Although 
these regulations prevent traffic from transiting a portion of the 
Chesapeake Bay and Elizabeth River during this event, that restriction 
is limited to under twelve hours in duration, affects only a limited 
area that is totally contained within an already established regulated 
navigation area, and will be well publicized to allow mariners to make 
alternative plans for transiting the affected area. Moreover, the 
magnitude of the event itself will severely hamper or prevent transit 
of the waterway, even absent these regulations designed to ensure it is 
conducted in a safe and orderly fashion.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    This proposed rule would affect the following entities, some of 
which might be small entities: the owners or operators of vessels 
intending to operate or anchor in portions of Chesapeake Bay and the 
Elizabeth River from 7 a.m. June 15, 2000 until 8 p.m. June 16, 2000. 
The regulations would not have a significant impact on a substantial 
number of small entities for the following reasons: the restrictions 
are limited in duration, affect only limited areas that are totally 
contained within an already established regulated navigation area, and 
will be well publicized to allow mariners to make alternative plans for 
transiting the affected areas. Moreover, the magnitude of the event 
itself will severely hamper or prevent transit of the waterway, even 
absent these regulations designed to ensure it is conducted in a safe 
and orderly fashion.
    If you think that your business, organization or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this proposed rule would economically affect it.

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 proposed 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 Port Operations Department 
of Coast Guard Marine Safety Office Hampton Roads, at the address under 
ADDRESSES.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    We have analyzed this proposed 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 proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would 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 proposed 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 proposed 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 proposed rule and 
concluded that, under figure 2-1, paragraphs (34) (f, g, and h), of 
Commandant Instruction M16475.1C, this proposed rule is categorically 
excluded from further environmental documentation. A ``Categorical 
Exclusion Determination'' will be available in the docket where 
indicated under ADDRESSES. By controlling vessel traffic during these 
events, this proposed rule is intended to minimize environmental 
impacts of increased vessel traffic during the transits of event 
vessels and fireworks displays.

List of Subjects

33 CFR Part 100

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

33 CFR Part 110

    Anchorage grounds.

33 CFR Part 165

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

Regulation

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR Parts 100, 110, and 165 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; 33 CFR 
100.35.


[[Page 10734]]


    2. Add temporary Sec. 100.35T-05-068 to read as follows:


Sec. 100.35T-05-068  Special Local Regulations; OPSAIL 2000, Port of 
Hampton Roads, VA.

    (a) Definitions. (1) 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.
    (2) High Capacity Passenger Vessel includes any vessel greater than 
65' in length with a passenger capacity of 150 persons or greater.
    (3) OPSAIL 2000 Vessels includes all vessels participating in 
Operation Sail 2000 under the auspices of the Marine Event Permit 
submitted for the Port of Hampton Roads and approved by Commander, 
Fifth Coast Guard District.
    (4) Parade of Sail is the inbound procession of OPSAIL 2000 vessels 
as they navigate designated routes in the port of Hampton Roads on June 
16, 2000.
    (5) Spectator vessel includes any vessel, commercial or 
recreational, being used for pleasure or carrying passengers, that is 
in the Port of Hampton Roads to observe part or all of the events 
attendant to OPSAIL 2000.
    (6) Vessel Traffic Control Point is a designated point which vessel 
traffic may not proceed past in either inbound or outbound direction 
without permission of the Captain of the Port.
    (b) Vessel Traffic Control Points. The following Vessel Traffic 
Control Points are established (All coordinates use Datum: NAD 1983):
    (1) Elizabeth River, Western Branch Along a line drawn across the 
Elizabeth River, Western Branch, at the West Norfolk Bridge.
    (2) Elizabeth River, Eastern Branch Along a line drawn across the 
Elizabeth River, Eastern Branch, at the Berkley Bridge.
    (3) Elizabeth River, Southern Branch Along a line drawn across the 
Elizabeth River, Southern Branch, at the Jordan Bridge.
    (4) James River Along a line drawn across the James River at the 
Monitor-Merrimac Bridge/Tunnel.
    (5) Old Point Comfort Along a line drawn from Old Point Comfort 
Light (37 deg.00'10" N, 076 deg.18'40" W) to Fort Wool Light 
(36 deg.59'20" N, 076 deg.18'20" W).
    (6) Craney Island Along a line drawn from Elizabeth River Channel 
Buoy 20 to a point of land at 36 deg.53'33" N, 076 deg.22'32" W.
    (7) Lamberts Point Along a line drawn from Elizabeth River Channel 
Lighted Buoy 29 to a point of land at 36 deg.52'20" N, 076 deg.19'32" 
W.
    (8) Hospital Point Along a line drawn from the Southeast corner of 
Hospital Point (36 deg.50'44" N, 076 deg.18'14" W) to Elizabeth River 
Channel Lighted Buoy 36.
    (9) Portsmouth Seawall Along a line drawn due East across the 
Elizabeth River, from the Northeast corner of the Portsmouth Seawall 
(36 deg.50'26" N, 076 deg.17'45" W).
    (c) Special Local Regulations. (1) No vessel may proceed past a 
Vessel Traffic Control Point unless authorized to do so by the Captain 
of the Port.
    (2) The Coast Guard vessels enforcing this section 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.
    (3) The Captain of the Port will notify the public of changes in 
the status of these Vessel Traffic Control Points by Marine Safety 
Radio Broadcast on VHF Marine Band Radio, Channel 22 (157.1 MHz).
    (d) Effective date. This section is applicable from 9 a.m. to 5 
p.m. on June 16, 2000.

PART 110--[AMENDED]

    3. The authority citation for part 110 continues to read as 
follows:

    Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, and 
2071; 49 CFR 1.46 and 33 CFR 1.05-1(g).

    4. From 7 a.m., June 15, 2000 until 8 p.m., June 16, 2000 
temporarily suspend Sec. 110.168 (f)(4), (f)(5), (f)(8), and (f)(9) and 
temporarily add Sec. 110.168 (f)(12) through (f)(16) to read as 
follows:


Sec. 110.168  Hampton Roads, Virginia, and adjacent waters.

* * * * *
    (f) * * *
    (12) Definitions as used in paragraphs (f)(13) through (16) of this 
section. (i) 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.
    (ii) High Capacity Passenger Vessel includes any vessel greater 
than 65' in length with a passenger capacity of 150 persons or greater
    (iii) OPSAIL 2000 Vessels includes all vessels participating in 
Operation Sail 2000 under the auspices of the Marine Event Permit 
submitted for the Port of Hampton Roads and approved by Commander, 
Fifth Coast Guard District.
    (iv) Parade of Sail is the inbound procession of OPSAIL 2000 
vessels as they navigate designated routes in the port of Hampton Roads 
on June 16, 2000.
    (v) Spectator vessel includes any vessel, commercial or 
recreational, being used for pleasure or carrying passengers, that is 
in the Port of Hampton Roads to observe part or all of the events 
attendant to OPSAIL 2000.
    (vi) Vessel Traffic Control Point is a designated point which 
vessel traffic may not proceed past in either inbound or outbound 
direction without permission of the Captain of the Port.
    (13) Anchorage E. No vessel may anchor in Anchorage E without 
permission of the Captain of the Port.
    (14) Anchorage F. No vessel may anchor in Anchorage Berth F-1 or F-
2 without permission of the Captain of the Port.
    (15) Anchorage K. (i) Anchorage K is closed to all commercial 
vessels except as noted in paragraph (f)(15)(ii) of this section; (ii) 
Anchorage Berth K-1. Only high capacity passenger vessels may anchor in 
Anchorage Berth K-1.
    (16) Anchorage P. No vessel may anchor in Anchorage P without 
permission of the Captain of the Port.

PART 165--[AMENDED]

    5. 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.

    6. From June 15, 2000 through June 16, 2000, Sec. 165.501 is 
temporarily amended by adding new paragraph (d)(1)(i)(C); adding a 
sentence at the end of paragraph (d)(4); and adding paragraph (d)(14) 
to read as follows:


Sec. 165.501  Chesapeake Bay entrance and Hampton Roads, Va. and 
adjacent waters--regulated navigation area.

* * * * *
    (d) * * *
    (1) * * *
    (i) * * *
    (C) Notwithstanding paragraph (d)(1) of this section, any non-
commercial vessel, regardless of length, may anchor outside of the 
anchorages designated in Sec. 110.168 of this chapter from 7 a.m. June 
15, 2000 until 8 p.m. June 16, 2000.
* * * * *
    (4) * * * The limitation in the first sentence of this paragraph 
(d)(4) is waived for OPSAIL 2000 vessels from 7 a.m. until 1 p.m. on 
June 16, 2000.
* * * * *
    (14) No-Wake Zones for OPSAIL 2000. (i) From 7 a.m. June 15, 2000 
until 8 p.m. June 16, 2000, vessels shall operate at the minimum speed 
required to maintain steerage and shall avoid creating a wake when 
operating in an area bounded by the northwestern limit of Anchorage A, 
thence along the

[[Page 10735]]

western border of Anchorage A to the Virginia Beach shoreline, thence 
to the southern terminus of Trestle A, Chesapeake Bay Bridge Tunnel, 
thence to the northern terminus of Trestle A, Chesapeake Bay Bridge 
Tunnel, thence to the beginning.
    (ii) From 7 a.m. June 15, 2000 until 8 p.m. June 16, 2000, vessels 
shall operate at the minimum speed required to maintain steerage and 
shall avoid creating a wake when operating in Anchorage E.
    (iii) Spectator vessels observing the Parade of Sail shall operate 
at the minimum speed required to maintain steerage and shall avoid 
creating a wake from 9 a.m. June 16, 2000 until 5 p.m. June 16, 2000.
* * * * *
    7. Add temporary Sec. 165.T05-068 to read as follows:


Sec. 165.T05-068  Safety Zone; OPSAIL 2000, Port of Hampton Roads, VA.

    (a) Location. The following areas are Safety Zones (All coordinates 
use Datum: NAD 1983):
    (1) Parade of Sail Route--First Segment--Thimble Shoal Channel. All 
waters bounded by a line connecting Thimble Shoal Channel Lighted Bell 
Buoy 1TS, thence to Thimble Shoal Channel Lighted Gong Buoy 17, thence 
to Thimble Shoal Channel Lighted Bell Buoy 21, thence to Thimble Shoal 
Channel Lighted Buoy 22, thence to Thimble Shoal Channel Lighted Buoy 
18, thence to Thimble Shoal Channel Lighted Buoy 2, thence to the 
beginning.
    (2) Parade of Sail Route--Second Segment. All waters bounded by a 
line connecting Thimble Shoal Channel Lighted Bell Buoy 21, thence to 
Elizabeth River Channel Lighted Buoy 1ER, thence to Elizabeth River 
Channel Lighted Bell Buoy 3, thence to Elizabeth River Channel Lighted 
Gong Buoy 5, thence to Elizabeth River Channel Lighted Buoy 7, thence 
to Elizabeth River Channel Lighted Buoy 9, thence to Elizabeth River 
Channel Lighted Buoy 11, thence to Elizabeth River Channel Lighted Buoy 
13, thence to Elizabeth River Channel Lighted Buoy 15, thence to 
Elizabeth River Channel Lighted Buoy 17, thence to Elizabeth River 
Channel Lighted Buoy 19, thence to Elizabeth River Channel Lighted Buoy 
21, thence to Elizabeth River Channel Lighted Buoy 23, thence to 
Norfolk and Western Coal Pier Light (36 deg. 52' 48" N, 076 deg. 19' 
54" W ), thence to Elizabeth River Channel Lighted Buoy 25, thence to 
Elizabeth River Channel Lighted Buoy 29, thence to Elizabeth River 
Channel Buoy 31, thence to Elizabeth River Channel Lighted Buoy 33, 
thence to Elizabeth River Channel Lighted Buoy 32, thence to Elizabeth 
River Channel Lighted Buoy 30, thence to Elizabeth River Obstruction 
Light (36 deg. 52' 06" N, 076 deg. 20' 00" W) thence to Elizabeth River 
Channel Lighted Buoy 20, thence to Elizabeth River Channel Lighted Buoy 
18, thence to Elizabeth River Channel Lighted Buoy 14, thence to 
Elizabeth River Channel Lighted Buoy 12, thence to Elizabeth River 
Channel Lighted Bell Buoy 10, thence to Elizabeth River Articulated 
Light 8, thence to Newport News Channel Lighted Buoy 2, thence to Old 
Point Comfort Light (37 deg.00' 10" N, 076 deg.18' 40" W), thence to 
Thimble Shoal Channel Lighted Buoy 22, thence to the beginning.
    (3) Parade of Sail Route--Third Segment. All waters bounded by a 
line connecting Elizabeth River Channel Lighted Buoy 33, thence to a 
point of land Northwest of Fort Norfolk, marked by a large pile of 
oyster shells at (36 deg. 51' 31" N, 076 deg. 18' 37' W), thence 
following the shoreline to the northern terminus of the Berkley Bridge, 
thence to the southern terminus of the Berkley Bridge, thence following 
the shoreline to the eastern terminus of the Jordan Bridge, thence to 
the western terminus of the Jordan Bridge, thence following the 
shoreline to the Northeast corner of the Portsmouth Seawall (36 deg. 
50' 26" N, 076 deg. 17' 45" W), thence to Elizabeth River Channel 
Lighted Buoy 36, thence to Elizabeth River Channel Buoy 34, thence to 
Elizabeth River Channel Lighted Buoy 32, thence to the beginning.
    (b) Effective dates. (1) Paragraph (a)(1) of this section is 
applicable from 7:30 a.m. until 1 p.m. on June 16, 2000.
    (2) Paragraph (a)(2) of this section is applicable from 9 a.m. 
until 3 p.m. on June 16, 2000.
    (3) Paragraph (a)(3) of this section is applicable from 9 a.m. to 5 
p.m. on June 16, 2000.
    (c) Definitions. (1) 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.
    (2) High Capacity Passenger Vessel includes any vessel greater than 
65' in length with a passenger capacity of 150 persons or greater.
    (3) OPSAIL 2000 Vessels includes all vessels participating in 
Operation Sail 2000 under the auspices of the Marine Event Permit 
submitted for the Port of Hampton Roads and approved by Commander, 
Fifth Coast Guard District.
    (4) Parade of Sail is the inbound procession of OPSAIL 2000 vessels 
as they navigate designated routes in the port of Hampton Roads on June 
16, 2000.
    (5) Spectator vessel includes any vessel, commercial or 
recreational, being used for pleasure or carrying passengers, that is 
in the Port of Hampton Roads to observe part or all of the events 
attendant to OPSAIL 2000.
    (6) Vessel Traffic Control Point is a designated point which vessel 
traffic may not proceed past in either inbound or outbound direction 
without permission of the Captain of the Port.
    (d) Regulations. (1) All persons are required to comply with the 
general regulations governing safety zones in Sec. 165.23.
    (2) No person or vessel may enter or navigate within these 
regulated areas unless authorized to do so by the Captain of the Port. 
Any person or vessel authorized to enter the regulated area must 
operate in strict conformance with any directions given by the Captain 
of the Port and leave the regulated area immediately if the Captain of 
the Port so orders.
    (3) The Coast Guard vessels enforcing this section 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.
    (4) 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: February 10, 2000.
Thomas E. Bernard,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 00-4375 Filed 2-28-00; 8:45 am]
BILLING CODE 4910-15-U