[Federal Register Volume 68, Number 87 (Tuesday, May 6, 2003)]
[Rules and Regulations]
[Pages 23893-23894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11162]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-03-040]
RIN 1625-AA00


Safety Zone; Chesapeake Bay, Norfolk, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone for the Kiwanis 
Beach Club fireworks display to be held at the Ocean View Beach Park, 
162 West Ocean View Avenue, Norfolk, Virginia. This action is intended 
to restrict vessel traffic on the Chesapeake Bay, within a 560-foot 
radius of a fireworks display. The fireworks will be launched from 
shore. The safety zone is necessary to protect mariners and spectators 
from the hazards associated with the fireworks display.

DATES: This rule is effective from 8 p.m. on May 9, 2003, until 11:59 
p.m. on May 10, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD05-03-040 and are available for 
inspection or copying at USCG Marine Safety Office Hampton Roads, 200 
Granby Street, Suite 700, Norfolk, Virginia, 23510, between 9:30 a.m. 
and 2 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LTJG Jay Davis, project officer, USCG 
Marine Safety Office Hampton Roads, telephone number (757) 668-5590.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. The event will take place 
between 8 p.m. and 11:59 p.m. and is expected to attract a large number 
of spectator craft near the event area. Due to the dangers posed by the 
fireworks display, it is in the public interest to have these 
regulations in effect during 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. Spectators will be observing from 
both the shore and from vessels. Because of the hazards associated with 
the fireworks display, a limited access area is necessary to provide 
for the safety of spectators.

Background and Purpose

    On May 9, 2003, the Kiwanis Beach Club fireworks display will be 
held at the Ocean View Beach Park, Norfolk, Virginia. Spectators will 
be observing from both the shore and from vessels. Due to the need for 
protection of mariners and spectators from the hazards associated with 
the fireworks display, vessel traffic will be temporarily restricted.

Discussion of Rule

    The Coast Guard is establishing a safety zone on specified waters 
of the Chesapeake Bay. The regulated area will consist of a 560-foot 
radius zone extending around the fireworks launch point on the Ocean 
View Beach Park shoreline, approximately one half mile East of 
Harrison's Fishing Pier. The temporary regulations will be enforced 
from 8 p.m. to 11:59 p.m. eastern time May 9, 2003. In the event of 
rain canceling the fireworks on May 9, 2003, the temporary regulations 
will be enforced from 8 p.m. until 11:59 p.m. on May 10, 2003. General 
navigation in the safety zone will be restricted during the event. 
Except for participants and vessels authorized by the Coast Guard 
Patrol Commander, no person or vessel may enter or remain in the 
regulated area.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 Homeland 
Security (DHS).
    Although this regulation restricts access to the regulated area, 
the effect of this rule will not be significant because: (i) The COTP 
may authorize access to the safety zone; (ii) the safety zone will be 
in effect for a limited duration; and (iii) the Coast Guard will make 
notifications via maritime advisories so mariners can adjust their 
plans accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
include 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. section 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 and operators of 
vessels intending to transit or anchor in that portion of the 
Chesapeake Bay from 8 p.m. to 11:59 p.m. on May 9, 2003, or May 10, 
2003 if the rain date becomes necessary.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process. If the rule 
will affect your small business, organization, or government 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed under FOR 
FURTHER INFORMATION CONTACT for assistance in understanding this rule.
    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

[[Page 23894]]

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 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, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this 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 create 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 direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, 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 have analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation. This regulation has a duration of less 
than one week.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Vessels, Waterways.
    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
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: Department of Homeland Security Delegation 
No. 0170.

0
2. From 8 p.m. on May 9, 2003 through 11:59 on May 10, 2003, add 
temporary Sec.  165.T05-040, to read as follows:


Sec.  165.T05-040  Safety Zone; Chesapeake Bay, Norfolk, VA.

    (a) Location. The following area is a safety zone: All waters of 
the Chesapeake Bay within 560 feet of the Ocean View Beach Park 
shoreline, approximately one half mile East of Harrison's Fishing Pier.
    (b) Definition. Designated representative means any U.S. Coast 
Guard commissioned, warrant or petty officer who has been authorized by 
the Captain of the Port, Hampton Roads, Virginia to act on his behalf. 
The Captain of the Port, Hampton Roads, and his designated 
representatives can be contacted at telephone Number (757) 668-5555 or 
(757) 484-8192. The Coast Guard vessels enforcing the safety zone can 
be contacted on VHF-FM channels 13 and 16.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 of 
this part, entry into this zone is prohibited unless authorized by the 
Captain of the Port, Hampton Roads, Virginia, or his designated 
representatives.
    (2) The operator of any vessel in the immediate vicinity of this 
safety zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any 
commissioned, warrant or petty officer on board a vessel displaying a 
U.S. Coast Guard Ensign.
    (ii) Proceed as directed by any commissioned, warrant or petty 
officer on board a vessel displaying a U.S. Coast Guard Ensign.

Enforcement Period

    (d) Enforcement period. This section will be enforced from 8 p.m. 
through 11:59 p.m. on May 9, 2003. In the event the May 9, 2003 
fireworks are cancelled, this section will be enforced from 8 p.m. 
through 11:59 p.m. on May 10, 2003.

    Dated: April 25, 2003.
Lawrence M. Brooks,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. 03-11162 Filed 5-5-03; 8:45 am]
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