[Federal Register Volume 65, Number 119 (Tuesday, June 20, 2000)]
[Rules and Regulations]
[Pages 38207-38209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15517]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD05-00-015]
RIN 2115-AA97


Safety Zone: Atlantic Ocean, Virginia Beach, VA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary safety zones 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 July 9, 2000 through September 9, 
2000.

ADDRESSES: Comments and materials received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD05-00-015 and are available for inspection or 
copying at the USCG Marine Safety Office, 200 Granby Street, Norfolk, 
VA 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:

Regulatory History

    On May 26, 2000, we published a Notice of Proposed Rule Making 
(NPRM) entitled Safety Zone; Atlantic Ocean, Virginia Beach, VA in the 
Federal Register (65 FR 34127). We received no letters commenting on 
the proposed rule. No public hearing was requested and none was held.

Background and Purpose

    The city of Virginia Beach is sponsoring several fireworks events 
from July 9, 2000 through September 9, 2000. The fireworks will be 
fired from a barge in approximate position 36 deg.

[[Page 38208]]

50.75' N, 076 deg. 58.40' W, which position is in the vicinity of the 
Virginia Beach Fishing Pier.
    The purpose of these regulations is to promote maritime safety and 
protect the boating public from the hazards associated with a fireworks 
display. These regulations will provide a safety buffer around the 
fireworks laden barge. The regulations will affect the movement of all 
vessels operating in the specified areas of the Atlantic Ocean.
    Public notifications will be made prior to the event via marine 
information broadcasts.

Discussion of Comments and Changes

    We did not receive any comments on the proposed rule. No 
substantive changes were made to the proposed rule.

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, 
l979).
    We expect the economic impact of this temporary final rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary. This 
temporary final rule will only affect a limited area for two hour per 
event, alternative routes exist for maritime traffic, and advance 
notification via marine information broadcasts will enable mariners to 
plan their transit to avoid the safety zones.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), 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 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' N, 076 deg. 58.40' W.
    These safety zones will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
rule only affects a limited area for two hours per 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 safety zones.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process. No requests 
for assistance in understanding this rule were received.
    Small businesses may send comments on the actions of 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 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 would 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

    The Coast Guard considered the environmental impact of this 
temporary final 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. A 
``Categorical Exclusion Determination'' will be available in the docket 
where indicated under ADDRESSES.

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), 
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46. Section 165.100 is also 
issued under authority of Sec. 311, Pub. L. 105-383.


    2. Add temporary section 165.T05-015 to read as follows:


Sec. 165.T05-015  Safety Zone; Atlantic Ocean, Virginia Beach, VA.

    (a) Location. The following area is a safety zone: All waters of 
the Atlantic Ocean within a 2,500-foot radius of a fireworks laden 
barge in approximate position 36 deg. 50.75' N, 076 deg. 58.40' W.
    (b) Captain of the Port. Captain of the Port means the Commanding 
Officer of the Marine Safety Office Hampton

[[Page 38209]]

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 section 165.23 of 
this part.
    (2) Persons or vessels requiring entry into or passage through a 
safety zone must first request 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) Enforcement Dates. This section will be enforced from 9 p.m. 
until 11 p.m. on the following dates:
    (1) July 9, 2000--rain date July 15, 2000.
    (2) July 16, 2000--rain date July 22, 2000.
    (3) July 23, 2000--rain date July 29, 2000.
    (4) July 30, 2000--rain date August 5, 2000.
    (5) August 6, 2000--rain date August 12, 2000.
    (6) August 13, 2000--rain date August 19, 2000.
    (7) August 20, 2000--rain date August 26, 2000.
    (8) August 27, 2000.
    (9) September 2, 2000--rain date September 3, 2000.
    (10) September 9, 2000.
    (e) Effective Date. This section is in effect from July 9, 2000 
until September 9, 2000.

    Dated: June 6, 2000.
J.E. Schrinner,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. 00-15517 Filed 6-19-00; 8:45 am]
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