[Federal Register Volume 66, Number 223 (Monday, November 19, 2001)]
[Rules and Regulations]
[Pages 57873-57875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28833]


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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: Final rule.

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SUMMARY: The Coast Guard is adopting 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 will 
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: This rule is effective December 19, 2001.

[[Page 57874]]


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 CGD05-01-013 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: 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:

Regulatory Information

    On July 17, 2001, we published a notice of proposed rulemaking 
(NPRM) entitled Special Local Regulations for Marine Events; Fireworks 
Displays, Atlantic Ocean, Virginia Beach, Virginia, in the Federal 
Register (66 FR 37200). 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 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 Comments and Changes

    No comments were received. No changes have been made to the 
proposed regulatory text.

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).
    Although this 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 regulation, the 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 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 owners or operators of vessels, some of 
which may be small entities, intending to transit or anchor in the 
affected 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 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.

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 this rule so that they can better evaluate 
its effects on them and participate in the rulemaking. No assistance 
was requested by any small business, organization, or governmental 
jurisdiction.
    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. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State law or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate of $100,000,000 or more in any one year. Though this rule 
will not result in such an expenditure, we do discuss the effects of 
this rule elsewhere in the preamble.

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.

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 Federal Governments and 
Indian tribes,

[[Page 57875]]

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

Energy Effects

    We have analyzed this 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.

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 amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

    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: November 2, 2001.
Thad W. Allen,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 01-28833 Filed 11-16-01; 8:45 am]
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