[Federal Register Volume 65, Number 95 (Tuesday, May 16, 2000)]
[Rules and Regulations]
[Pages 31086-31090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12149]


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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: Temporary final rule; Notice of Implementation.

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SUMMARY: The Coast Guard is establishing temporary regulations in the 
Port of Hampton Roads, Virginia and adjacent areas on the James and 
Elizabeth Rivers 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: This rule is effective from June 15, 2000 through June 20, 2000, 
except for the amendments to Sec. 100.501 which are effective from 9:15 
p.m. to 10:15 p.m. on June 17, 2000, the amendments to Sec. 110.168 
which are effective from 7 a.m. June 15, 2000 until 8 p.m. June 16, 
2000, and the amendments to Sec. 165.501 which are effective from June 
15, 2000 through June 16, 2000.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD05-99-068 and are available for inspection or 
copying at Coast Guard Marine Safety Office Hampton Roads, 200 Granby 
Street, Norfolk, Virginia 23510 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.
    On February 29, 2000, we published a notice of proposed rulemaking 
(NPRM) entitled OPSAIL 2000, Port of Hampton Roads, VA in the Federal 
Register (65 FR 10731). We received three letters commenting on the 
proposed rule. No public hearing was requested and none was held.

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; a firework display adjacent 
to the Norfolk and Portsmouth seawalls on June 17, 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 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

[[Page 31087]]

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 the 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 is 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 are establishing 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 is also temporarily modifying the existing 
anchorage regulations found at 33 CFR 110.168 to accommodate OPSAIL 
2000 and spectator vessels. Vessels will not be allowed to anchor in 
Anchorage E, or Anchorage P without permission of the Captain of the 
Port, and Berth K-1 of Anchorage K will be closed to all vessels except 
large spectator 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 firework display, the Coast Guard is implementing the 
regulations found at 33 CFR 100.501 from 9:15 p.m. to 10:15 p.m. on 
June 17, 2000.

Discussion of Comments and Changes

    We received three letters commenting on the proposed rule. All 
three letters were from locally based tour boat operators. One letter, 
while referencing the proposal and declaring the desire of the author 
to participate in the rulemaking process, merely contained a request to 
anchor in a specific anchorage. Such requests are allowed by the 
existing anchorage regulations and the proposed rule. No changes were 
made based on this comment.
    The remaining two letters offered the same specific recommendation. 
In the NPRM, a ``High Capacity Passenger Vessel'' was defined as ``any 
vessel greater than 65' in length with a passenger capacity of 150 
persons or greater.'' Two letters requested that we change that 
definition to ``any vessel 60' or greater in length with a passenger 
capacity of 100 or greater'' in order for their vessels to use the 
designated anchorage. After considering the comments, we decided that 
reducing the size and passenger limits is a reasonable accommodation to 
small business and will still provide for the safety of persons and 
vessels during the OPSAIL 2000 events. Therefore, we have responded to 
the concerns raised in the comments by replacing the term ``High 
Capacity Passenger Vessel'' with the term ``Large Spectator Vessel'' 
defined as ``any vessel 60' or greater in length carrying 50 or more 
passengers.''
    We have also dropped the anchorage restrictions for Anchorage F and 
have made Anchorage F a safety zone. In our initial proposal we 
proposed closing berths F-1 and F-2 of Anchorage F. An additional 
portion of Anchorage F would have been closed because it was part of a 
safety zone established for the route of the Parade of Sail. Since 
publication of the NPRM we have received additional information which 
necessitates making all of Anchorage F a safety zone. Some of the 
vessels participating in the Parade of Sail will veer off from the main 
parade and proceed up the Hampton River. Making Anchorage F a safety 
zone will provide them with room to safely execute their turning 
maneuvers and a clear path to the Hampton River channel entrance. 
Additionally, we have been notified of the expected presence of high-
ranking dignitaries aboard the U.S.S. Nassau. As stated in our NPRM, 
the presence of certain vessels and dignitaries could result in the 
creation of additional safety or security zones. Closing Anchorage F 
and allowing the U.S.S. Nassau to anchor in that anchorage will provide 
for the safety and security of that vessel and the dignitaries onboard 
while at the same time creating a safe turning and maneuvering area and 
a clear path to the Hampton River channel entrance for those OPSAIL 
vessels following that alternate route.

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

[[Page 31088]]

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 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. In addition, we 
changed the anchorage portion of this rule in response to comments 
received in order to avoid any negative economic effect on the 
commentor's businesses. Finally, 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 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 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 
will 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. In addition, we modified the anchorage portion of 
this rule to accommodate the concerns raised by the three small 
businesses that commented on the rulemaking. Finally, 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding this rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. No 
requests for assistance in understanding this rule were received, but 
all three comments received were from tour boat operators qualifying as 
small businesses. Two of those small businesses requested changes in 
the proposed rule to facilitate the operation of their small businesses 
and the small businesses of other similarly situated tour boat 
operators. We responded by changing the rule to alleviate their 
concerns.
    Small businesses may send comments on the actions of the 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

    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 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, paragraphs (34)(f, g, and h), 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 these events, this 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 amends 
33 CFR Parts 100, 110, and 165 as follows:

PART 100--[AMENDED]

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


[[Page 31089]]


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

    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) Large Spectator Vessel includes any vessel 60' or greater in 
length carrying 50 or more passengers.
    (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.

    3. From 9:15 p.m. to 10:15 p.m., June 17, 2000, temporarily suspend 
Sec. 100.501(c) and Table 1 of Sec. 100.501 and temporarily add 
Sec. 100.501(d) and Table 1 of 100.501(d) to read as follows:


Sec. 100.501  Norfolk Harbor, Elizabeth River, Norfolk, Virginia and 
Portsmouth Virginia.

* * * * *
    (d) Effective period. This section is effective from 9:15 p.m. to 
10:15 p.m. on June 17, 2000.

Table 1 of Sec. 100.501(d)

    OPSAIL 2000, Port of Hampton Roads
    Sponsor: OPSAIL 2000  Norfolk

PART 110--[AMENDED]

    4. 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).

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


Sec. 110.168  Hampton Roads, Virginia, and adjacent waters

* * * * *
    (f) * * *
    (12) Definitions as used in paragraphs (f)(13) through (15) 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) Large Spectator Vessel includes any vessel 60' or greater in 
length carrying 50 or more passengers.
    (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 K. (i) Berth K-1 of Anchorage K is closed to all 
vessels except as noted in paragraph (f)(14)(ii) of this section.
    (ii) Anchorage Berth K-1. Only large spectator vessels may anchor 
in Anchorage Berth K-1.
    (15) Anchorage P. No vessel may anchor in Anchorage P without 
permission of the Captain of the Port.

PART 165--[AMENDED]

    6. 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.

    7. 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 Sec. 165.501(d)(1), any non-commercial vessel, 
regardless of length, may anchor outside of the anchorages designated 
in Sec. 110.168 of

[[Page 31090]]

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 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.
* * * * *
    8. 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 NAD1983):
    (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.
    (4) Anchorage F. Anchorage F, as defined in 33 CFR 
110.168(a)(3)(i).
    (b) Effective Dates.
    (1) Paragraph (a)(1) is effective from 7:30 a.m. until 1 p.m. on 
June 16, 2000.
    (2) Paragraph (a)(2) is effective from 9 a.m. until 3 p.m. on June 
16, 2000.
    (3) Paragraph (a)(3) is effective from 9 a.m. to 5 p.m. on June 16, 
2000.
    (4) Paragraph (a)(4) is effective from 7:30 a.m. until 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) Large Spectator Vessel includes any vessel 60' or greater in 
length carrying 50 or more passengers.
    (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 these regulations 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: May 8, 2000.
Thomas E. Bernard,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 00-12149 Filed 5-11-00; 4:55 pm]
BILLING CODE 4910-15-U