[Federal Register Volume 65, Number 98 (Friday, May 19, 2000)]
[Rules and Regulations]
[Pages 31813-31814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12640]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD05-00-013]
RIN 2115-AA97


Safety Zone; Atlantic Ocean, Virginia Beach, VA.

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule; request for comments.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the Virginia Beach fireworks displays, north of the Virginia Beach 
Fishing Pier, in the Atlantic Ocean. This action will restrict vessel 
traffic on the Atlantic Ocean within a 2500-foot radius of a fireworks 
laden barge. The safety zone is necessary to protect mariners and 
spectators from the hazards associated with the fireworks display.

DATES: This rule is effective from May 20, 2000 through July 4, 2000.

ADDRESSES: Comments must be received by June 15, 2000. You may mail 
comments and related material to USCG Marine Safety Office Hampton 
Roads, 200 Granby Street, Norfolk, Virginia, or deliver them to the 
same address between 8 a.m. and 4 p.m., Monday through Friday, except 
Federal holidays. USCG 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 the above address between 8 a.m. 
and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Chief Petty Officer Roddy Corr, 
project officer, USCG Marine Safety Office Hampton Roads, telephone 
number (757) 441-3290.

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 for this rulemaking (CGD05-00-013), 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.

Regulatory History

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b), the Coast Guard finds that good 
cause exists for not publishing an NPRM. We were not notified of these 
events until May 5, 2000. There was insufficient time to publish an 
NPRM, allow for comments, and publish a final rule in sufficient time 
to allow notice to the public for the fireworks displays taking place 
prior to July 4, 2000. In previous years, these and similar events have 
been held without incident and without comment from the public 
regarding the Coast Guard's establishment of limited safety zones 
around barges engaged in launching fireworks. An NPRM will be published 
for those Virginia Beach fireworks displays taking place after July 4, 
2000 of which we have been notified.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Most of these events will take 
place within 30 days of the publication of this rule. Delaying the 
effective date of the regulation would be contrary to the public 
interest because immediate action is needed to protect the mariners and 
spectators from the hazards associated with the fireworks display.

Background and Purpose

    The Coast Guard is establishing a temporary safety zone for the 
Virginia Beach fireworks displays north of the Virginia Beach Fishing 
Pier, in the Atlantic Ocean. The safety zone will restrict vessel 
traffic within a 2500-foot radius of a fireworks laden barge in 
approximate position 36 deg.50.75' north and 076 deg.58.40' west. The 
safety zone is necessary to protect mariners and spectators from the 
hazards associated with the fireworks display.
    The safety zone will be enforced from 9 p.m. until 11 p.m. on May 
20, 2000; May 27, 2000--rain date May 28, 2000; June 4, 2000--rain date 
June 10, 2000; June 11, 2000--rain date June 17, 2000; June 18, 2000--
rain date June 24, 2000; June 25, 2000--rain date July 1, 2000; and 
July 4, 2000.
    Additional public notifications will be made prior to the event via 
marine information broadcasts.

[[Page 31814]]

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). This temporary final rule only affects a limited area for two 
hours/event, alternative routes exist for maritime traffic, and advance 
notification via marine information broadcasts will enable mariners to 
plan their transit to avoid entering the restricted area. The Coast 
Guard expects the economic impact of this rule to be so minimal that a 
full regulatory evaluation under paragraph 10(e) of the regulatory 
policies and procedures of the DOT is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard 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 the Atlantic Ocean off Virginia Beach, 
Virginia within a 2500-foot radius of a fireworks laden barge located 
in approximate position 36 deg.50.75' north and 076 deg.58.40' west.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
temporary final rule only affects a limited area for two hours/event, 
alternative routes exist for maritime traffic, and advance notification 
via marine information broadcasts will enable mariners to plan their 
transit to avoid entering the restricted area.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

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 unfunded mandate 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, Government 
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

    The Coast Guard considered the environmental impact of this rule 
and concluded that under figure 2-1, paragraph (34)(g), of Commandant 
Instruction M16475.lC, this 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.

    For the reasons discussed 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), 
6.04-6, and 160.5; 49 CFR 1.46.

    2. Add temporary Sec. 165.T05-013 to read as follows:


Sec. 165.T05-013  Safety Zone; Atlantic Ocean, Virginia Beach, VA.

    (a) Location. The following area is a safety zone: All waters of 
the Atlantic Ocean, north of the Virginia Beach Fishing Pier, within a 
2500-foot radius of a fireworks laden barge in approximate position 
36 deg.50.75" north and 076 deg.58.40" west
    (b) 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 to act on his behalf.
    (c) Regulations. (1) All persons are required to comply with the 
general regulations governing safety zones found in Sec. 165.23 of this 
part.
    (2) Persons or vessels requiring entry into or passage through a 
safety zone must first receive authorization from the Captain of the 
Port. The Coast Guard representative 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.
    (3) The Captain of the Port will notify the public of changes in 
the status of this safety zone by marine information broadcast on VHF 
marine band radio, channel 22 (157.1 MHz).
    (d) Dates. This section applies from 9 p.m. until 11 p.m. on the 
following dates:

(1) May 20, 2000.
(2) May 27, 2000--rain date May 28, 2000.
(3) June 4, 2000--rain date June 10, 2000.
(4) June 11, 2000--rain date June 17, 2000.
(5) June 18, 2000--rain date June 24, 2000.
(6) June 25, 2000--rain date July 1, 2000.
(7) July 4, 2000.

    Dated: May 12, 2000.
J. E. Schrinner,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 00-12640 Filed 5-18-00; 8:45 am]
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