[Federal Register Volume 65, Number 174 (Thursday, September 7, 2000)]
[Rules and Regulations]
[Pages 54150-54152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22978]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05-00-041]
RIN 2115-AE46


Special Local Regulations for Marine Events; Michelob 
Championship at Kingsmill Fireworks Display, James River, Williamsburg, 
Virginia

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is adopting temporary special local 
regulations during the Michelob Championship at Kingsmill fireworks 
display, to be held October 3, 2000, over the waters of the James 
River, Williamsburg, Virginia. These special local regulations are 
necessary to provide for the safety of life on navigable waters during 
the event.

[[Page 54151]]

This action is intended to restrict vessel traffic in portions of the 
James River during the event.

DATES: This rule is effective from 8:45 p.m. to 9:45 p.m. on October 3, 
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 CGD05-00-041 and are available for inspection or 
copying at Commander (Aoax), Fifth Coast Guard District, 431 Crawford 
Street, Portsmouth, Virginia 23704-5004, between 9 a.m. and 2 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Chief Petty Officer A. Walther, Marine 
Events Coordinator, Commander, Coast Guard Group Hampton Roads, 4000 
Coast Guard Blvd., Portsmouth, VA 23703-2199, (757) 483-8567.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    A notice of proposed rulemaking (NPRM) was not published for this 
regulation. In keeping with 5 U.S.C. 553(b)(B), the Coast Guard finds 
that good cause exists for not publishing a NPRM. The Coast Guard 
received confirmation of the request for special local regulations on 
August 8, 2000. We were notified of the event with insufficient time to 
publish a NPRM, allow for comments, and publish a final rule prior to 
the event.
    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. We had insufficient time to 
prepare and publish this rule in the Federal Register 30 days in 
advance of the event. To delay the effective date of the rule would be 
contrary to the public interest since a timely rule is necessary to 
protect mariners from the hazards associated with the fireworks 
display.

Background and Purpose

    The Michelob Championship at Kingsmill is sponsoring a fireworks 
display, to be held October 3, 2000, over the waters of the James 
River, Williamsburg, Virginia. The event will consist of pyrotechnic 
displays fired from a barge positioned near the Kingsmill Conference 
Center. A fleet of spectator vessels is anticipated. Due to the need 
for vessel control during the fireworks displays, vessel traffic will 
be temporarily restricted to provide for the safety of spectators and 
transiting vessels.

Discussion of Regulations

    The Coast Guard is establishing temporary special local regulations 
on specified waters of the James River. The temporary special local 
regulations will be in enforced from 8:45 p.m. to 9:45 p.m. on October 
3, 2000 and will restrict general navigation in the regulated area 
during the event. Except for persons or vessels authorized by the Coast 
Guard Patrol Commander, no person or vessel may enter or remain in the 
regulated area. These regulations are needed to control vessel traffic 
during the fireworks display to enhance the safety of spectators and 
transiting vessels.

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).
    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.
    Although this regulation prevents traffic from transiting a portion 
of the James River during the event, the effect of this regulation will 
not be significant due to the limited duration of the regulation and 
the extensive advance notifications that will be made to the maritime 
community via the Local Notice to Mariners, marine information 
broadcasts, and area newspapers, so mariners can adjust their plans 
accordingly.

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 may be 
small entities: the owners or operators of vessels intending to transit 
or anchor in the effected portions of the James River during the event.
    Although this regulation prevents traffic from transiting or 
anchoring in a portion of the James River during the event, the effect 
of this regulation will not be significant because of its limited 
duration and the extensive advance notifications that will be made to 
the maritime community via the Local Notice to Mariners, marine 
information broadcasts, and area newspapers, so mariners can adjust 
their plans accordingly.

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,

[[Page 54152]]

under figure 2-1, paragraphs (34)(g), 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 event.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 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.


    2. A temporary section, Sec. 100.35-T05-041 is added to read as 
follows:


Sec. 100.35-T05-041  Special Local Regulations for Marine Events; 
Michelob Championship at Kingsmill Fireworks Display, James River, 
Williamsburg, Virginia

    (a) Definitions.
    (1) Regulated Area. The waters of the James River enclosed within 
the arc of a circle with a radius of 400 yards and with its center 
located at latitude 37 deg.07'48" N, longitude 076 deg.24'00" W. All 
coordinates reference Datum NAD 1983.
    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard who has 
been designated by the Commander, Coast Guard Group Hampton Roads.
    (3) Official Patrol. The Official Patrol is any vessel assigned or 
approved by Commander, Coast Guard Group Hampton Roads with a 
commissioned, warrant, or petty officer on board and displaying a Coast 
Guard ensign.
    (b) Special Local Regulations. 
    (1) Except for persons or vessels authorized by the Coast Guard 
Patrol Commander, no person or vessel may enter or remain in the 
regulated area.
    (2) The operator of any vessel in these areas shall:
    (i) Stop the vessel immediately when directed to do so by any 
official patrol.
    (ii) Proceed as directed by any official patrol.
    (c) Effective Dates. This section will be effective from 8:45 p.m. 
to 9:45 p.m. on October 3, 2000.

    Dated: August 21, 2000.
T.C. Paar,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 00-22978 Filed 9-6-00; 8:45 am]
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