[Federal Register Volume 66, Number 137 (Tuesday, July 17, 2001)]
[Proposed Rules]
[Pages 37200-37202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17796]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD05-01-013]
RIN 2115-AE46


Special Local Regulations for Marine Events; Fireworks Displays, 
Atlantic Ocean, Virginia Beach, VA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish permanent special local 
regulations for fireworks displays to be held over the waters of the 
Atlantic Ocean, Virginia Beach, Virginia. These special local 
regulations are necessary to provide for the safety of life on 
navigable waters during the fireworks displays. This action is intended 
to temporarily restrict vessel traffic during the fireworks displays to 
protect spectator craft and other vessels transiting the event area 
from the dangers associated with the fireworks.

DATES: Comments and related material must reach the Coast Guard on or 
before September 17, 2001.

ADDRESSES: You may mail comments and related material to Commander 
(Aoax), Fifth Coast Guard District, 431 Crawford Street, Portsmouth, 
Virginia 23704-5004, hand-deliver them to Room 119 at the same address 
between 9 a.m. and 2 p.m., Monday through Friday, except Federal 
holidays, or fax them to (757) 398-6203. Commander (Aoax), Fifth Coast 
Guard District, 431 Crawford Street, Portsmouth, Virginia 23704-5004 
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 9

[[Page 37201]]

a.m. and 2 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: S.L. Phillips, Project Manager, 
Commander (Aoax), Fifth Coast Guard District, 431 Crawford Street, 
Portsmouth, Virginia 23704-5004, telephone number (757) 398-6204.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD05-01-
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 
that your comments reached us, please enclose a stamped, self-addressed 
postcard or envelope. We will consider all comments and material 
received during the comment period. We may change this proposed rule in 
view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the address listed under ADDRESSES 
explaining why one would be beneficial. If we determine that one would 
aid this rulemaking, we will hold one at a time and place announced by 
a later notice in the Federal Register.

Background and Purpose

    The City of Virginia Beach sponsors fireworks displays at various 
times throughout the year over the waters of the Atlantic Ocean, 
adjacent to the beachfront between 17th Street and 24th Street. The 
events consist of pyrotechnic displays fired from a vessel positioned 
in the Atlantic Ocean. Spectator vessels gather nearby to observe the 
fireworks. 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 Proposed Rule

    The Coast Guard proposes to establish special local regulations on 
specified waters of the Atlantic Ocean. The special local regulations 
will temporarily restrict general navigation in the event area during 
the fireworks. Except for persons or vessels authorized by the Coast 
Guard Patrol Commander, no person or vessel may enter or remain in the 
regulated area during the enforcement time period. These regulations 
are needed to control vessel traffic during the fireworks displays to 
enhance the safety of spectators and transiting vessels.

Regulatory Evaluation

    This proposed 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 proposed 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 proposed rule will prevent traffic from transiting a 
portion of the Atlantic Ocean adjacent to the beachfront during the 
events, the effect of this regulation will not be significant due to 
the limited duration of the events, the comparatively small size of the 
regulated area 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. 601-612), we 
considered whether this proposed 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 proposed 
rule will not have a significant economic impact on a substantial 
number of small entities.
    This proposed rule will affect the owners or operators of vessels, 
some of which may be small entities, intending to transit or anchor in 
the effected portions of the Atlantic Ocean during the events.
    Although this regulation prevents traffic from transiting or 
anchoring in portions of the Atlantic Ocean adjacent to the beachfront 
during the event, the effect of this regulation will not be significant 
because of its limited duration, the comparatively small size of the 
regulated area 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.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact the address listed 
under ADDRESSES.
    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 proposed 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 proposed rule under Executive Order 13132 and 
have determined that this rule does not have implications for 
federalism under that Order.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial and direct effect on one or more 
Indian tribes, on the relationship between the

[[Page 37202]]

Federal Governments and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

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 proposed rule will not impose an unfunded mandate.

Taking of Private Property

    This proposed 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 proposed 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 proposed 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, paragraph (34)(h), of Commandant Instruction 
M16475.1C, this rule is categorically excluded from further 
environmental documentation. Special local regulations issued in 
conjunction with a regatta or marine parade are specifically excluded 
from further analysis and documentation under that section. A 
``Categorical Exclusion Determination'' is available in the docket 
where indicated under ADDRESSES.

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 proposes 
to amend 33 CFR part 100 as follows:

PART 100--MARINE EVENTS

    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. Add Sec. 100.522 to read as follows:


Sec. 100.522  Fireworks Displays, Atlantic Ocean, Virginia Beach, 
Virginia.

    (a) Regulated area. The regulated area is defined as the waters of 
the Atlantic Ocean enclosed within the arc of a circle with a radius of 
850 yards and with its center located at latitude 36 deg.51'35" N, 
longitude 075 deg.58'30" W. All coordinates reference Datum NAD 1983.
    (b) 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.
    (c) 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 the area shall:
    (i) Stop the vessel immediately when directed to do so by the Coast 
Guard Patrol Commander, and
    (ii) Proceed as directed by the Coast Guard Patrol Commander.
    (d) Effective Dates. This section is effective:
    (1) Annually from 9 p.m. to 11 p.m. eastern time every Friday, 
Saturday and Sunday between May 1 and October 31;
    (2) Annually from 9 p.m. to 11 p.m. eastern time on July 4; and
    (3) As otherwise specified in the Coast Guard Local Notice to 
Mariners and a Federal Register notice.

    Dated: July 2, 2001.
T.C. Paar,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 01-17796 Filed 7-16-01; 8:45 am]
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