[Federal Register Volume 65, Number 165 (Thursday, August 24, 2000)]
[Rules and Regulations]
[Pages 51539-51540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21569]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD05-00-035]
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 Chesapeake Bay, within a 
1000-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 temporary final rule is effective from 8 p.m. until 9 p.m. 
on August 24, 2000.

ADDRESSES: USCG Marine Safety Office Hampton Roads maintains the public 
docket for this rulemaking. Documents indicated in this preamble as 
being available in this docket, will become part of this docket and 
will be available for inspection or copying at the Marine Safety 
Office, 200 Granby St., Norfolk, VA, 23510 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

    A Notice of Proposed Rulemaking (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 a NPRM. In keeping with the 
requirements of 5 U.S.C. 553(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 July 6, 
2000. There was insufficient 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 the Chesapeake Bay, 
within a 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 p.m. until 9 p.m. on August 24, 
2000. 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. 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 one hour and 
only affects the waters of Chesapeake Bay adjacent to Fort Monroe 
within a 1000-foot radius of the fireworks deck barge. 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

[[Page 51540]]

governmental jurisdictions with populations of less than 50,000.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
regulation will be in effect for one hour and only affects the waters 
of the Chesapeake Bay adjacent to Fort Monroe within a 1000-foot radius 
of the fireworks deck barge, and advance notification via marine 
information broadcasts will enable mariners to plan their transit to 
avoid entering the safety zone.
    Therefore, 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.

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. Sec. 165.100 is also issued 
under authority of Sec. 311, Pub. L. 105-383.


    2. Add temporary Sec. 165.T05-035 to read as follows:


Sec. 165.T05-035  Safety Zone; Chesapeake Bay, Hampton, VA.

    (a) Location. The following area is a safety zone: All waters of 
the Chesapeake Bay within a 1000-foot radius of a fireworks laden barge 
in approximate position 37 deg.00'03"N, 076 deg.18'26"W.
    (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 request authorization from the Captain of the 
Port. The Captain of the Port's 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) Effective dates. This section will be effective from 8 p.m. 
until 9 p.m. on August 24, 2000.

    Dated: August 4, 2000.
L. M. Brooks,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. 00-21569 Filed 8-23-00; 8:45 am]
BILLING CODE 4910-15-U