31086 Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Rules and Regulations

(iii) Mariners are cautioned that

anchorage area M has not been subject

to any special survey or inspection and

that charts may not show all seabed

obstructions or the shallowest depths.

Vessels must display anchor lights, as

required by the navigation rules.

(4)(i) Anchorage C is a Spectator

Anchorage and no permit is required.

(ii) Mariners are cautioned that

anchorage area C has not been subject to

any special survey or inspection and

that charts may not show all seabed

obstructions or the shallowest depths.

Vessels must display anchor lights, as

required by the navigation rules.

Dated: May 8, 2000.

T.W. Allen,

Rear Admiral, U.S. Coast Guard, Commander,

Seventh Coast Guard District.

[FR Doc. 00–12274 Filed 5–12–00; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 100, 110, and 165

[CGD05–99–068]

RIN 2115–AA97, AA98, AE46, AE84

OPSAIL 2000, Port of Hampton Roads,

VA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule; Notice of

Implementation.

SUMMARY: The Coast Guard is

establishing temporary regulations in

the Port of Hampton Roads, Virginia and

adjacent areas on the James and

Elizabeth Rivers for OPSAIL 2000

activities. This action is necessary to

provide for the safety of life on

navigable waters before, during, and

after OPSAIL 2000 events. This action

will restrict vessel traffic in portions of

Chesapeake Bay, Hampton Roads, and

the James and Elizabeth Rivers.

DATES: This rule is effective from June

15, 2000 through June 20, 2000, except

for the amendments to § 100.501 which

are effective from 9:15 p.m. to 10:15

p.m. on June 17, 2000, the amendments

to § 110.168 which are effective from 7

a.m. June 15, 2000 until 8 p.m. June 16,

2000, and the amendments to § 165.501

which are effective from June 15, 2000

through June 16, 2000.

ADDRESSES: Comments and material

received from the public, as well as

documents indicated in this preamble as

being available in the docket, are part of

docket CGD05–99–068 and are available

for inspection or copying at Coast Guard

Marine Safety Office Hampton Roads,

200 Granby Street, Norfolk, Virginia

23510 between 8 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander S. Moody or

Lieutenant K. Sniffen, Port Operations

Department, Coast Guard Marine Safety

Office Hampton Roads, (757) 441–6442.

SUPPLEMENTARY INFORMATION:

Regulatory Information

On September 30, 1999, we published

an advanced notice of proposed

rulemaking; request for comments

(ANPRM) entitled OPSAIL 2000, Port of

Hampton Roads, VA in the Federal

Register (64 FR 52723). We received no

letters commenting on our anticipated

rulemaking. No public hearing was

requested and none was held.

On February 29, 2000, we published

a notice of proposed rulemaking

(NPRM) entitled OPSAIL 2000, Port of

Hampton Roads, VA in the Federal

Register (65 FR 10731). We received

three letters commenting on the

proposed rule. No public hearing was

requested and none was held.

Background and Purpose

OPSAIL 2000 Norfolk is sponsoring

OPSAIL 2000 in the Port of Hampton

Roads. Planned events in the Port of

Hampton Roads include: the arrival of

more than 200 Tall Ships and other

vessels at Lynnhaven Anchorage on

June 15 and 16, 2000; a Parade of Sail

of approximately 200 Tall Ships and

other vessels from that anchorage to

Town Point Park, downtown Norfolk,

on June 16, 2000; a firework display

adjacent to the Norfolk and Portsmouth

seawalls on June 17, 2000. This event

will substitute for the annual Harborfest,

normally held on the first Friday,

Saturday, and Sunday of June.

The Coast Guard anticipates 10,000

spectator craft for these events.

Operators should expect significant

vessel congestion along the parade route

and viewing areas for the fireworks

displays.

The purpose of these regulations is to

promote maritime safety and protect

participants and the boating public in

the Port of Hampton Roads immediately

prior to, during, and after the scheduled

events. The regulations will establish a

clear parade route for the participating

vessels, establish no wake zones along

the parade route and in certain

anchorage areas, modify existing

anchorage regulations for the benefit of

participants and spectators, and provide

a safety buffer around the planned

fireworks displays. The regulations will

impact the movement of all vessels

operating in the specified areas of the

Port.

It may be necessary for the Coast

Guard to establish safety or security

zones in addition to these regulations to

safeguard dignitaries and certain vessels

participating in the event. If the Coast

Guard deems it necessary to establish

such zones at a later date, the details of

those zones will be announced

separately via the Federal Register,

Local Notice to Mariners, Safety Voice

Broadcasts, and any other means

available.

All vessel operators and passengers

are reminded that vessels carrying

passengers for hire or that have been

chartered and are carrying passengers

may have to comply with certain

additional rules and regulations beyond

the safety equipment requirements for

all pleasure craft. When a vessel is not

being used exclusively for pleasure, but

rather is engaged in carrying passengers

for hire or has been chartered and is

carrying the requisite number of

passengers, the vessel operator must

possess an appropriate license and the

vessel may be subject to inspection. The

definition of the term ‘‘passenger for

hire’’ is found in 46 U.S.C. 2101(21a). In

general, it means any passenger who has

contributed any consideration

(monetary or otherwise) either directly

or indirectly for carriage onboard the

vessel. The definition of the term

‘‘passenger’’ is found in 46 U.S.C.

2101(21). It varies depending on the

type of vessel, but generally means

individuals carried aboard vessels

except for certain specified individuals

engaged in the operation of the vessel or

the business of the owner/charterer. The

law provides for substantial penalties

for any violation of applicable license

and inspection requirements. If you

have any questions concerning the

application of the above law to your

particular case, you should contact the

Coast Guard at the address listed in

ADDRESSES for additional information.

Vessel operators are reminded they

must have sufficient facilities on board

their vessels to retain all garbage and

untreated sewage. Discharge of either

into any waters of the United States is

strictly forbidden. Violators may be

assessed civil penalties up to $25,000 or

face criminal prosecution.

Vessel operators are also reminded

that Norfolk Naval Base will be strictly

enforcing the existing restricted area

defined at 33 CFR 334.300 during all of

the OPSAIL 2000 events.

We recommend that vessel operators

visiting the Port of Hampton Roads for

this event obtain up to date editions of

the following charts of the area: Nos.

12222, 12245, 12253, and 12254 to

Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Rules and Regulations 31087

avoid anchoring within a charted cable

or pipeline area.

With the arrival of OPSAIL 2000 and

spectator vessels in the Port of Hampton

Roads for this event, it will be necessary

to curtail normal port operations to

some extent. Interference will be kept to

the minimum considered necessary to

ensure the safety of life on the navigable

waters immediately before, during, and

after the scheduled events.

Discussion of the Rule

The vessels involved in the Parade of

Sail are scheduled to enter Thimble

Shoal Channel at 7:30 a.m. on June 16,

2000. The lead vessel is scheduled to be

abreast of Old Point Comfort Light at

9:30 a.m. The parade route includes

Norfolk Harbor Entrance Reach, Norfolk

Harbor Reach, Craney Island Reach,

Lambert Bend, Port Norfolk Reach and

Town Point Reach. The larger OPSAIL

2000 vessels will be berthed in the

vicinity of the respective downtown

Norfolk and Portsmouth waterfronts as

they complete the parade route. The

smaller OPSAIL 2000 vessels will

proceed past Town Point Park to the

vicinity of the Norfolk Naval Shipyard

to avoid interfering with the docking of

the larger vessels. Once all the larger

vessels have been docked, the smaller

vessels will proceed to their assigned

berths.

The safety of parade participants and

spectators will require that spectator

craft be kept at a safe distance from the

parade route during these vessel

movements. The Coast Guard is closing

the parade route to all vessels not

involved in the Parade of Sail for the

duration of the Parade of Sail on June

16, 2000. The parade route has been

segmented in this rulemaking to

facilitate the earliest possible reopening

of the waterway once all OPSAIL 2000

vessels have cleared a particular

segment of the route, but portions of the

Elizabeth River will remain closed to all

traffic until all of the OPSAIL 2000

vessels are safely moored at their

assigned berths.

In addition to closing the parade

route, we are establishing Vessel Traffic

Control Points to control the flow of

spectator vessel traffic immediately

prior to and during the parade. Vessel

Traffic Control Points will be

established at: the Elizabeth River,

Western Branch along a line drawn

across the Elizabeth River, Western

Branch, at the West Norfolk Bridge; the

Elizabeth River, Eastern Branch along a

line drawn across the Elizabeth River,

Eastern Branch, at the Berkley Bridge;

the Elizabeth River, Southern Branch

along a line drawn across the Elizabeth

River, Southern Branch, at the Jordan

Bridge; the James River along a line

drawn across the James River at the

Monitor-Merrimac Bridge/Tunnel; at

Old Point Comfort along a line drawn

from Old Point Comfort Light (37°00′10′′

N, 076°18′40′′ W) to Fort Wool Light

(36°59′20′′ N, 076°18′20′′ W); at Craney

Island along a line drawn from

Elizabeth River Channel Buoy 20 to a

point of land at 36°53′32′′ N, 076°20′19′′

W; at Lamberts Point along a line drawn

from Elizabeth River Channel Lighted

Buoy 29 to a point of land at 36°52′20′′

N, 076°19′32′′ W; at Hospital Point along

a line drawn from the Southeast corner

of Hospital Point (36°50′44′′ N,

076°18′14′′ W) to Elizabeth River

Channel Lighted Buoy 36; and at the

Portsmouth Seawall along a line drawn

due East across the Elizabeth River,

from the Northeast corner of the

Portsmouth Seawall (36°50′26′′ N,

076°17′45′′ W). The Captain of the Port

will restrict vessel traffic flow and

maintain safe ingress and egress to areas

adjacent to the parade route.

The Coast Guard is also temporarily

modifying the existing anchorage

regulations found at 33 CFR 110.168 to

accommodate OPSAIL 2000 and

spectator vessels. Vessels will not be

allowed to anchor in Anchorage E, or

Anchorage P without permission of the

Captain of the Port, and Berth K–1 of

Anchorage K will be closed to all

vessels except large spectator vessels.

The regulations for the Regulated

Navigation Area defined in 33 CFR

165.501 will also be temporarily

modified for the OPSAIL 2000 event.

Non-commercial vessels, regardless of

length, will be allowed to anchor

outside the defined anchorage areas; the

draft limitation for vessels using

Thimble Shoal Channel will be waived

for OPSAIL 2000 vessels; and no wake

zones will be placed in effect in the

areas where OPSAIL 2000 vessels are

anchored prior to the start of the parade

and along the parade route.

In order to provide for the safety of

vessels transiting the area or observing

the firework display, the Coast Guard is

implementing the regulations found at

33 CFR 100.501 from 9:15 p.m. to 10:15

p.m. on June 17, 2000.

Discussion of Comments and Changes

We received three letters commenting

on the proposed rule. All three letters

were from locally based tour boat

operators. One letter, while referencing

the proposal and declaring the desire of

the author to participate in the

rulemaking process, merely contained a

request to anchor in a specific

anchorage. Such requests are allowed by

the existing anchorage regulations and

the proposed rule. No changes were

made based on this comment.

The remaining two letters offered the

same specific recommendation. In the

NPRM, a ‘‘High Capacity Passenger

Vessel’’ was defined as ‘‘any vessel

greater than 65′ in length with a

passenger capacity of 150 persons or

greater.’’ Two letters requested that we

change that definition to ‘‘any vessel 60′

or greater in length with a passenger

capacity of 100 or greater’’ in order for

their vessels to use the designated

anchorage. After considering the

comments, we decided that reducing the

size and passenger limits is a reasonable

accommodation to small business and

will still provide for the safety of

persons and vessels during the OPSAIL

2000 events. Therefore, we have

responded to the concerns raised in the

comments by replacing the term ‘‘High

Capacity Passenger Vessel’’ with the

term ‘‘Large Spectator Vessel’’ defined

as ‘‘any vessel 60′ or greater in length

carrying 50 or more passengers.’’

We have also dropped the anchorage

restrictions for Anchorage F and have

made Anchorage F a safety zone. In our

initial proposal we proposed closing

berths F–1 and F–2 of Anchorage F. An

additional portion of Anchorage F

would have been closed because it was

part of a safety zone established for the

route of the Parade of Sail. Since

publication of the NPRM we have

received additional information which

necessitates making all of Anchorage F

a safety zone. Some of the vessels

participating in the Parade of Sail will

veer off from the main parade and

proceed up the Hampton River. Making

Anchorage F a safety zone will provide

them with room to safely execute their

turning maneuvers and a clear path to

the Hampton River channel entrance.

Additionally, we have been notified of

the expected presence of high-ranking

dignitaries aboard the U.S.S. Nassau. As

stated in our NPRM, the presence of

certain vessels and dignitaries could

result in the creation of additional safety

or security zones. Closing Anchorage F

and allowing the U.S.S. Nassau to

anchor in that anchorage will provide

for the safety and security of that vessel

and the dignitaries onboard while at the

same time creating a safe turning and

maneuvering area and a clear path to the

Hampton River channel entrance for

those OPSAIL vessels following that

alternate route.

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

31088 Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Rules and Regulations

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 rule to be so minimal that a full

Regulatory Evaluation under paragraph

10e of the regulatory policies and

procedures of DOT is unnecessary.

The primary impact of these

regulations will be on vessels wishing to

transit the affected waterways during

the Parade of Sail. Although these

regulations prevent traffic from

transiting a portion of the Chesapeake

Bay and Elizabeth River during this

event, that restriction is limited to under

twelve hours in duration, affects only a

limited area that is totally contained

within an already established regulated

navigation area, and will be well

publicized to allow mariners to make

alternative plans for transiting the

affected area. In addition, we changed

the anchorage portion of this rule in

response to comments received in order

to avoid any negative economic effect

on the commentor’s businesses. Finally,

the magnitude of the event itself will

severely hamper or prevent transit of the

waterway, even absent these regulations

designed to ensure it is conducted in a

safe and orderly fashion.

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 following

entities, some of which might be small

entities: the owners or operators of

vessels intending to operate or anchor in

portions of Chesapeake Bay and the

Elizabeth River from 7 a.m. June 15,

2000 until 8 p.m. June 16, 2000. The

regulations will not have a significant

impact on a substantial number of small

entities for the following reasons: the

restrictions are limited in duration,

affect only limited areas that are totally

contained within an already established

regulated navigation area, and will be

well publicized to allow mariners to

make alternative plans for transiting the

affected areas. In addition, we modified

the anchorage portion of this rule to

accommodate the concerns raised by the

three small businesses that commented

on the rulemaking. Finally, the

magnitude of the event itself will

severely hamper or prevent transit of the

waterway, even absent these regulations

designed to ensure it is conducted in a

safe and orderly fashion.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104–121),

we offered to assist small entities in

understanding this rule so that they

could better evaluate its effects on them

and participate in the rulemaking

process. No requests for assistance in

understanding this rule were received,

but all three comments received were

from tour boat operators qualifying as

small businesses. Two of those small

businesses requested changes in the

proposed rule to facilitate the operation

of their small businesses and the small

businesses of other similarly situated

tour boat operators. We responded by

changing the rule to alleviate their

concerns.

Small businesses may send comments

on the actions of the 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

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,

under figure 2–1, paragraphs (34)(f, g,

and h), 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 transits of event vessels and

fireworks displays.

List of Subjects

33 CFR Part 100

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

33 CFR Part 110

Anchorage grounds.

33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Regulation

For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR Parts 100, 110, and 165 as follows:

PART 100—[AMENDED]

1. The authority citation for Part 100

continues to read as follows:

Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Rules and Regulations 31089

Authority: 33 U.S.C. 1233 through 1236; 49

CFR 1.46; 33 CFR 100.35.

2. Add temporary § 100.35T–05–068

to read as follows:

§ 100.35T–05–068 Special Local

Regulations; OPSAIL 2000, Port of Hampton

Roads, VA.

(a) Definitions. (1) 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 by the Captain

of the Port to act on his behalf.

(2) Large Spectator Vessel includes

any vessel 60′ or greater in length

carrying 50 or more passengers.

(3) OPSAIL 2000 Vessels includes all

vessels participating in Operation Sail

2000 under the auspices of the Marine

Event Permit submitted for the Port of

Hampton Roads and approved by

Commander, Fifth Coast Guard District.

(4) Parade of Sail is the inbound

procession of OPSAIL 2000 vessels as

they navigate designated routes in the

port of Hampton Roads on June 16,

2000.

(5) Spectator vessel includes any

vessel, commercial or recreational,

being used for pleasure or carrying

passengers, that is in the Port of

Hampton Roads to observe part or all of

the events attendant to OPSAIL 2000.

(6) Vessel Traffic Control Point is a

designated point which vessel traffic

may not proceed past in either inbound

or outbound direction without

permission of the Captain of the Port.

(b) Vessel traffic Control Points. The

following Vessel Traffic Control Points

are established (all coordinates use

datum NAD 1983):

(1) Elizabeth River, Western Branch

Along a line drawn across the Elizabeth

River, Western Branch, at the West

Norfolk Bridge.

(2) Elizabeth River, Eastern Branch

Along a line drawn across the Elizabeth

River, Eastern Branch, at the Berkley

Bridge.

(3) Elizabeth River, Southern Branch

Along a line drawn across the Elizabeth

River, Southern Branch, at the Jordan

Bridge.

(4) James River Along a line drawn

across the James River at the MonitorMerrimac Bridge/Tunnel.

(5) Old Point Comfort Along a line

drawn from Old Point Comfort Light

(37°00′10′′ N, 076°18′40′′ W) to Fort

Wool Light (36°59′20′′ N, 076°18′20′′ W).

(6) Craney Island Along a line drawn

from Elizabeth River Channel Buoy 20

to a point of land at 36°53′33′′ N,

076°22′32′′ W.

(7) Lamberts Point Along a line drawn

from Elizabeth River Channel Lighted

Buoy 29 to a point of land at 36°52′20′′

N, 076°19′32′′ W.

(8) Hospital Point Along a line drawn

from the Southeast corner of Hospital

Point (36°50′44′′ N, 076°18′14′′ W) to

Elizabeth River Channel Lighted Buoy

36.

(9) Portsmouth Seawall Along a line

drawn due East across the Elizabeth

River, from the Northeast corner of the

Portsmouth Seawall (36°50′26′′ N,

076°17′45′′ W).

(c) Special Local Regulations. (1) No

vessel may proceed past a Vessel Traffic

Control Point unless authorized to do so

by the Captain of the Port.

(2) The Coast Guard vessels enforcing

this section 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

these Vessel Traffic Control Points by

Marine Safety Radio Broadcast on VHF

Marine Band Radio, Channel 22 (157.1

MHz).

(d) Effective date. This section is

applicable from 9 a.m. to 5 p.m. on June

16, 2000.

3. From 9:15 p.m. to 10:15 p.m., June

17, 2000, temporarily suspend

§ 100.501(c) and Table 1 of § 100.501

and temporarily add § 100.501(d) and

Table 1 of 100.501(d) to read as follows:

§ 100.501 Norfolk Harbor, Elizabeth River,

Norfolk, Virginia and Portsmouth Virginia.

* * * * *

(d) Effective period. This section is

effective from 9:15 p.m. to 10:15 p.m. on

June 17, 2000.

Table 1 of § 100.501(d)

OPSAIL 2000, Port of Hampton Roads

Sponsor: OPSAIL 2000  Norfolk

PART 110—[AMENDED]

4. The authority citation for Part 110

continues to read as follows:

Authority: 33 U.S.C. 471, 1221 through

1236, 2030, 2035, and 2071; 49 CFR 1.46 and

33 CFR 1.05–1(g).

5. From 7 a.m., June 15, 2000 until 8

p.m., June 16, 2000 temporarily suspend

§ 110.168 (f)(4), (f)(8), and (f)(9) and

temporarily add § 110.168 (f)(12)

through (f)(15) to read as follows:

§ 110.168 Hampton Roads, Virginia, and

adjacent waters

* * * * *

(f) * * *

(12) Definitions as used in paragraphs

(f)(13) through (15) of this section. (i)

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 by the Captain of the Port to

act on his behalf.

(ii) Large Spectator Vessel includes

any vessel 60′ or greater in length

carrying 50 or more passengers.

(iii) OPSAIL 2000 Vessels includes all

vessels participating in Operation Sail

2000 under the auspices of the Marine

Event Permit submitted for the Port of

Hampton Roads and approved by

Commander, Fifth Coast Guard District.

(iv) Parade of Sail is the inbound

procession of OPSAIL 2000 vessels as

they navigate designated routes in the

port of Hampton Roads on June 16,

2000.

(v) Spectator vessel includes any

vessel, commercial or recreational,

being used for pleasure or carrying

passengers, that is in the Port of

Hampton Roads to observe part or all of

the events attendant to OPSAIL 2000.

(vi) Vessel Traffic Control Point is a

designated point which vessel traffic

may not proceed past in either inbound

or outbound direction without

permission of the Captain of the Port

(13) Anchorage E. No vessel may

anchor in Anchorage E without

permission of the Captain of the Port.

(14) Anchorage K. (i) Berth K–1 of

Anchorage K is closed to all vessels

except as noted in paragraph (f)(14)(ii)

of this section.

(ii) Anchorage Berth K–1. Only large

spectator vessels may anchor in

Anchorage Berth K–1.

(15) Anchorage P. No vessel may

anchor in Anchorage P without

permission of the Captain of the Port.

PART 165—[AMENDED]

6. 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.

7. From June 15, 2000 through June

16, 2000, § 165.501 is temporarily

amended by adding new paragraph

(d)(1)(i)(C); adding a sentence at the end

of paragraph (d) (4); and adding

paragraph (d)(14) to read as follows:

§ 165.501 Chesapeake Bay entrance and

Hampton Roads, Va. and adjacent waters—

regulated navigation area.

* * * * *

(d) * * *

(1) * * *

(i) * * *

(C) Notwithstanding § 165.501(d)(1),

any non-commercial vessel, regardless

of length, may anchor outside of the

anchorages designated in § 110.168 of

31090 Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Rules and Regulations

this chapter from 7 a.m. June 15, 2000

until 8 p.m. June 16, 2000.

* * * * *

(4)* * * The limitation in the first

sentence of this paragraph (d)(4) is

waived for OPSAIL 2000 vessels from 7

a.m. until 1 p.m. on June 16, 2000.

* * * * *

(14) No-Wake Zones for OPSAIL 2000.

(i) From 7 a.m. June 15, 2000 until 8

p.m. June 16, 2000, vessels shall operate

at the minimum speed required to

maintain steerage and shall avoid

creating a wake when operating in an

area bounded by the northwestern limit

of Anchorage A, thence along the

western border of Anchorage A to the

Virginia Beach shoreline, thence to the

southern terminus of Trestle A,

Chesapeake Bay Bridge Tunnel, thence

to the northern terminus of Trestle A,

Chesapeake Bay Bridge Tunnel, thence

to the beginning.

(ii) From 7 a.m. June 15, 2000 until 8

p.m. June 16, 2000, vessels shall operate

at the minimum speed required to

maintain steerage and shall avoid

creating a wake when operating in

Anchorage E.

(iii) Spectator vessels observing the

Parade of Sail shall operate at the

minimum speed required to maintain

steerage and shall avoid creating a wake

from 9 a.m. June 16, 2000 until 5 p.m.

June 16, 2000.

* * * * *

8. Add temporary § 165.T05–068 to

read as follows:

§ 165.T05–068 Safety Zone; OPSAIL 2000,

Port of Hampton Roads, VA.

(a) Location. The following areas are

Safety Zones (all coordinates use datum

NAD1983):

(1) Parade of Sail Route—First

Segment—Thimble Shoal Channel. All

waters bounded by a line connecting

Thimble Shoal Channel Lighted Bell

Buoy 1TS, thence to Thimble Shoal

Channel Lighted Gong Buoy 17, thence

to Thimble Shoal Channel Lighted Bell

Buoy 21, thence to Thimble Shoal

Channel Lighted Buoy 22, thence to

Thimble Shoal Channel Lighted Buoy

18, thence to Thimble Shoal Channel

Lighted Buoy 2, thence to the beginning.

(2) Parade of Sail Route-Second

Segment. All waters bounded by a line

connecting Thimble Shoal Channel

Lighted Bell Buoy 21, thence to

Elizabeth River Channel Lighted Buoy

1ER, thence to Elizabeth River Channel

Lighted Bell Buoy 3, thence to Elizabeth

River Channel Lighted Gong Buoy 5,

thence to Elizabeth River Channel

Lighted Buoy 7, thence to Elizabeth

River Channel Lighted Buoy 9, thence to

Elizabeth River Channel Lighted Buoy

11, thence to Elizabeth River Channel

Lighted Buoy 13, thence to Elizabeth

River Channel Lighted Buoy 15, thence

to Elizabeth River Channel Lighted

Buoy 17, thence to Elizabeth River

Channel Lighted Buoy 19, thence to

Elizabeth River Channel Lighted Buoy

21, thence to Elizabeth River Channel

Lighted Buoy 23, thence to Norfolk and

Western Coal Pier Light (36°52′48′′ N,

076° 19′54′′ W), thence to Elizabeth

River Channel Lighted Buoy 25, thence

to Elizabeth River Channel Lighted

Buoy 29, thence to Elizabeth River

Channel Buoy 31, thence to Elizabeth

River Channel Lighted Buoy 33, thence

to Elizabeth River Channel Lighted

Buoy 32, thence to Elizabeth River

Channel Lighted Buoy 30, thence to

Elizabeth River Obstruction Light

(36°52′ 06′′ N, 076°20′00′′ W) thence to

Elizabeth River Channel Lighted Buoy

20, thence to Elizabeth River Channel

Lighted Buoy 18, thence to Elizabeth

River Channel Lighted Buoy 14, thence

to Elizabeth River Channel Lighted

Buoy 12, thence to Elizabeth River

Channel Lighted Bell Buoy 10, thence to

Elizabeth River Articulated Light 8,

thence to Newport News Channel

Lighted Buoy 2, thence to Old Point

Comfort Light (37°00′10′′ N, 076°18′40′′

W), thence to Thimble Shoal Channel

Lighted Buoy 22, thence to the

beginning.

(3) Parade of Sail Route-Third

Segment. All waters bounded by a line

connecting Elizabeth River Channel

Lighted Buoy 33, thence to a point of

land Northwest of Fort Norfolk, marked

by a large pile of oyster shells at

(36°51′31′′ N, 076°18′37′′ W), thence

following the shoreline to the northern

terminus of the Berkley Bridge, thence

to the southern terminus of the Berkley

Bridge, thence following the shoreline

to the eastern terminus of the Jordan

Bridge, thence to the western terminus

of the Jordan Bridge, thence following

the shoreline to the Northeast corner of

the Portsmouth Seawall (36°50′26′′ N,

076°17′45′′ W), thence to Elizabeth

River Channel Lighted Buoy 36, thence

to Elizabeth River Channel Buoy 34,

thence to Elizabeth River Channel

Lighted Buoy 32, thence to the

beginning.

(4) Anchorage F. Anchorage F, as

defined in 33 CFR 110.168(a)(3)(i).

(b) Effective Dates.

(1) Paragraph (a)(1) is effective from

7:30 a.m. until 1 p.m. on June 16, 2000.

(2) Paragraph (a)(2) is effective from 9

a.m. until 3 p.m. on June 16, 2000.

(3) Paragraph (a)(3) is effective from 9

a.m. to 5 p.m. on June 16, 2000.

(4) Paragraph (a)(4) is effective from

7:30 a.m. until 5 p.m. on June 16, 2000.

(c) Definitions.

(1) 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 by the Captain of the Port to

act on his behalf

(2) Large Spectator Vessel includes

any vessel 60′ or greater in length

carrying 50 or more passengers.

(3) OPSAIL 2000 Vessels includes all

vessels participating in Operation Sail

2000 under the auspices of the Marine

Event Permit submitted for the Port of

Hampton Roads and approved by

Commander, Fifth Coast Guard District.

(4) Parade of Sail is the inbound

procession of OPSAIL 2000 vessels as

they navigate designated routes in the

port of Hampton Roads on June 16,

2000.

(5) Spectator vessel includes any

vessel, commercial or recreational,

being used for pleasure or carrying

passengers, that is in the Port of

Hampton Roads to observe part or all of

the events attendant to OPSAIL 2000.

(6) Vessel Traffic Control Point is a

designated point which vessel traffic

may not proceed past in either inbound

or outbound direction without

permission of the Captain of the Port

(d) Regulations.

(1) All persons are required to comply

with the general regulations governing

safety zones in § 165.23.

(2) No person or vessel may enter or

navigate within these regulated areas

unless authorized to do so by the

Captain of the Port. Any person or

vessel authorized to enter the regulated

area must operate in strict conformance

with any directions given by the Captain

of the Port and leave the regulated area

immediately if the Captain of the Port so

orders.

(3) The Coast Guard vessels enforcing

these regulations 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.

(4) The Captain of the Port will notify

the public of changes in the status of

this zone by Marine Safety Radio

Broadcast on VHF Marine Band Radio,

Channel 22 (157.1 MHz).

Dated: May 8, 2000.

Thomas E. Bernard,

Captain, U.S. Coast Guard, Acting

Commander, Fifth Coast Guard District.

[FR Doc. 00–12149 Filed 5–11–00; 4:55 pm]

BILLING CODE 4910–15–U