Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Rules and Regulations 31083

December 1995). Subject: Disclosure of

Information from the Naval Shipwreck

Database.

Dated: April 26, 2000.

J. L. Roth,

Lieutenant Commander, Judge Advocate

General’s Corp, Federal Register Liaison

Officer.

[FR Doc. 00–12076 Filed 5–15–00; 8:45 am]

BILLING CODE 3810–FF–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 100, 110

[CGD07–00–014]

RIN 2115–AE46, AA98

OPSAIL 2000, Port of San Juan, PR

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing temporary regulations in

the Port of San Juan, Puerto Rico for

OPSAIL 2000 activities from 17 May

through 29 May 2000. The Coast Guard

is establishing temporary limited access

areas and Special Local Regulations to

control vessel traffic within the Port of

San Juan during this event. This action

is necessary to provide for the safety of

life on navigable waters during OPSAIL

2000. This action will restrict vessel

traffic in portions of the Port of San Juan

during specific time periods.

DATES: This rule becomes effective at 9

p.m. Atlantic Standard Time (AST) on

May 17, 2000, and terminates at 6 p.m.

AST on May 29, 2000.

ADDRESSES: Comments and material

received from the public, as well as

documents mentioned in this preamble

as being available in the docket, are part

of the docket CGD707–00–014 and are

available for inspection or copying at

the U.S. Coast Guard Marine Safety

Office San Juan, Puerto Rico, between

the hours of 7 a.m. and 3:30 p.m.,

Monday through Friday, except Federal

holidays. Marine Safety Office San Juan

Puerto Rico is located in the Rodriguez

& Del Valle Building, 4th Floor, Calle

San Martin, Carr #2 km 4.9, Guaynabo,

Puerto Rico 00968.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander Robert Le

Fevers, U.S. Coast Guard Marine Safety

Office, San Juan at (787) 706–2440,

between 7 a.m. and 3:30 p.m., Monday

through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Regulatory Information

On January 13, 2000, we published an

advanced notice of proposed

rulemaking (ANRPM) (65 FR 2095), and

on March 29, 2000 we published a

notice of proposed rulemaking (NPRM)

in the Federal Register (65 FR 16554)

titled OPSAIL 2000, Port of San Juan,

PR. We received no comments during

the comment period for the ANPRM and

two comments during the comment

period for the NPRM. No public hearing

was requested and none was held.

Under 5 U.S.C. 553(d)(3), the Coast

Guard certifies that good cause exists

from making these regulations effective

less than 30 days after Federal Register

publication. There was not sufficient

time remaining for a full 30-day delayed

effective date after the comment period

for the ANPRM and NPRM.

Furthermore, the event is very highly

publicized.

Background and Purpose

These temporary regulations are for

OPSAIL 2000 events in the Port of San

Juan, in San Juan Puerto Rico. These

events will be held from May 17

through May 29, 2000, and the Coast

Guard estimates many spectator craft

and commercial vessels will be in the

area during that period. This rule is

proposed to provide for the safety of life

on navigable waters and to promote

maritime safety and protect participants

and the Port of San Juan during this

event. The restrictions stated for the

regulated areas will be enforced at

various times throughout the official

Opsail 2000 event from May 17–29,

2000.

Discussion of Rule

These regulations create temporary

anchorage regulations and vessel

movement controls. Special local

regulations will be in effect for San Juan

Bay including the waterways and

adjacent piers along the Bar Channel,

Anegado Channel, San Antonio

Channel, Graving Dock Channel, Army

Terminal Channel and Puerto Nuevo

Channel for the period beginning at 9

p.m. on Friday, May 17 and ending at

6 p.m. on Monday, May 29. The safety

of parade participants and spectators

will require that spectator craft

including, but not limited to, jet skis

and sail boards be kept at a safe distance

from participating tall ships while the

vessels are in the harbor, whether

moving, anchored, or tied up at their

respective piers. The Bar Channel will

be closed to inbound and outbound

traffic to San Juan Harbor from 7 a.m.

to 6 p.m. on Monday, May 29 during the

Parade of Sail. No vessel will be

permitted to transit the entrance

channel during that time without

permission from the Captain of the Port.

This is required to ensure the safety of

Tall Ships during the Parade of Sail

event. Vessel movements inside the Port

of San Juan will be prohibited from 7

a.m. to 12 p.m. on May 29, 2000, except

Tall Ships departing for the Parade of

Sail, Law Enforcement Patrol vessels,

and the Puerto Rico Ports Authority

ferries. This is required to ensure the

safety of participating Tall Ships as they

queue up to depart San Juan Bay during

the Parade of Sail. The San Juan Harbor

entrance must be kept clear to ensure

safety of participant vessels. Normal

commercial vessel operations will

resume within the harbor from noon to

6 p.m., and through the harbor entrance

after all participant vessels have cleared

the harbor.

These regulations establish multiple

limited access areas and temporarily

modify existing anchorage areas within

the port area to provide for maximum

spectator viewing areas and traffic

patterns for deep draft and barge traffic.

The Parade of Sail route will extend

from the EL MORRO Fortress, coastwise

to Boca de Cangrejos Inlet where

participants will turn to the west, set

sail, and return to EL MORRO. The

safety of parade participants and

spectators will require that spectator

craft including jet skis and sail boards

be kept at a minimum of 300 yards from

parade vessels while the vessels are in

the parade route.

The vessel congestion due to the large

number of participating and spectator

vessels poses a significant threat to the

safety of life. This rulemaking is

necessary to ensure the safety of life on

the navigable waters of the United

States.

Discussion of Comments and Changes

The Coast Guard received two

comments during the comment period.

Both comments requested that the

beginning of the enforcement periods on

May 29, 2000, be changed from 7 a.m.

to 9 a.m. and 10 a.m. respectively, so

commercial vessels can be moved

through the harbor prior to the

regulations taking effect. The Coast

Guard decided not to change the time of

the regulations but advised that the

regulations as written permit vessels to

move through the regulated areas with

the permission of the Patrol

Commander. Moreover, the Coast Guard

plans to meet again with commercial

maritime interests to coordinate

requested harbor transits prior to and

during the early stages of the port

closure.

31084 Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Rules and Regulations

Regulated Areas

Three regulated areas will be

established in the Port of San Juan.

These three regulated areas are needed

to protect the maritime public and

participating vessels from possible

hazards to navigation associated with

the large number of participant and

spectator craft transiting the waters of

the Port of San Juan, Puerto Rico.

Regulated Area A is in the proximity

of the fireworks launch area at the point

of Isla Grande. This regulated area will

be in effect from 9 p.m. to 9:30 p.m.

daily from 17 May to 29 May 2000. An

area within a 300 yard radius around

the point of Isla Grande will be kept

clear for the duration of the fireworks

display. Vessel traffic movements

through the regulated area will be

coordinated by the Patrol Commander to

avoid conflict with the daily fireworks.

Regulated Area B covers all navigable

channels within San Juan Bay and their

adjacent piers from 7 a.m. until 12 noon

on Monday, May 29, 2000. No vessels

other than OPSAIL 2000 vessels, their

assisting tugs, and enforcement vessels,

may enter or navigate within the

boundaries of the Port of San Juan

unless specifically authorized by the

Coast Guard Captain of the Port, San

Juan, or his on-scene representative. The

operation of seaplanes, including

taxiing, landing, and taking off, is

prohibited without prior written

authorization from the Captain of the

Port. The Catan ̃o Ferry will continue to

operate on its established route during

this time. This regulated area is

necessary to ensure maritime safety and

protect the boating public and the

participating Tall Ships as the Tall

Ships form up in order during the

Outbound Parade of Sail.

Regulated Area C comprises the

Parade of Sail route. No vessel will be

permitted to transit the Bar Channel to

enter or depart San Juan Bay from 7 a.m.

to 6 p.m. on Monday, May 29, 2000

without the consent of the Captain of

the Port or his on-scene representative.

The Parade of Sail route will encompass

an area starting at the Northeast point of

Isla Las Cabras extending north to the

Three Nautical Mile line then east to a

point north of Boca de Congrejos then

south to the twenty fathom line just

north of Boca de Congrejos, then west to

the Northeast point of Isla Las Cabras.

A line of anchored official yachts will

mark the southern portion of this parade

of sail route. The safety of parade

participants and spectators will require

that spectator craft including jet skis

and sail boards be kept at a minimum

of 300 yards from parade vessels while

the vessels are in the parade route.

Regulated Area D comprises Bar

Channel, the entrance to San Juan

Harbor. No vessel will be permitted to

transit the Bar Channel to enter or

depart san Juan harbor from 7 a.m. to 6

p.m. on Monday, May 29, 2000, without

the consent of the Captain of the Port or

his on-scene representative.

Anchorage Regulations

These regulations also establish

temporary Anchorage Regulations for

participating OPSAIL 2000 vessels and

spectator craft. The Anchorage Grounds

are needed to provide viewing areas for

spectator vessels while maintaining a

clear parade route for the participating

OPSAIL vessels and to protect boaters

and spectator vessels. Rule 9 of the

International Navigation Rules will be

enforced. No vessel may anchor in any

channel or otherwise impede the

passage of a vessel, which can safely

navigate only within a narrow channel

or fairway. The Catan ̃o Ferry will

continue to operate on its established

route at all times. Spectator vessels will

not anchor within 100 yards of the

Catan ̃o Ferry route. The Catan ̃o Ferry

route is defined by a line from the

Catan ̃o Ferry pier at Punta Catan ̃o to

pier two.

The following temporary anchorage

regulations will be enforced, in addition

to the existing anchorage regulations at

33 CFR 110.240, between 19 May and 29

May, 2000:

Anchorage ‘‘El Morro’’ (M)—Official

Vessel Anchorage—Anchorage Permit

Required. Temporary Anchorage M is a

triangular area bounded by a line

starting at 18–28.0N, 066–07.5W then

southeast to 18–27.92N, 066–07.21w,

then south to 18–27.65N, 066–07.15W,

then to the starting point.

Anchorage ‘‘Catan ̃o’’ (C)—Spectator

Anchorage—No Permit Required.

Temporary anchorage area C is

rectangular area near Catan ̃o bounded

by a line starting at 18–27N, 066–07W,

then south to 18–26.7N, 066–07W, then

west to 18–26.7N, 066–07.55W, then

north to 18–27N, 066–07.55W, then east

to the starting point.

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

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 the Coast Guard anticipates

restricting traffic in San Juan Harbor on

Monday, May 29, 2000 during the

events, the effect of this regulation will

not be significant for the following

reasons: the limited duration that the

regulated areas will be in effect and the

extensive advance notifications that will

be made to the maritime community via

the Federal Register, the Local Notice to

Mariners, facsimile, the internet, marine

information broadcasts, maritime

association meetings, and San Juan area

newspapers, so mariners can adjust

their plans accordingly. Based upon the

Coast Guard’s experiences learned from

previous events of a similar magnitude,

these regulations have been narrowly

tailored to impose the least impact on

maritime interests yet provide the level

of safety deemed necessary.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), we must consider

whether this rule would have a

significant economic impact on a

substantial number of small entities.

‘‘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.

For the reasons discussed in the

Regulatory Evaluation section above, the

Coast Guard certifies under 5 U.S.C.

605(b) that this proposed rule would not

have a significant economic impact on

a substantial number of small entities.

This rule would affect the following

entities, some of which might be small

entities: the owners or operators of

vessels intending to transit or anchor in

portions of San Juan Harbor during May

29, 2000. These regulations would not

have a significant economic impact on

a substantial number of small entities

for the following reasons. Before the

effective period, the Coast Guard would

make notifications to the public via

mailings, facsimiles, the Local Notice to

Mariners and use of the sponsors

Internet site. In addition, the sponsoring

organization, OPSAIL Inc., is planning

to publish information of the event in

local newspapers, pamphlets, and

television and radio broadcasts.

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 rule so that they can

better evaluate its effects on them and

Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Rules and Regulations 31085

participate in the rulemaking. If you are

a small entity and believe the rule

would affect your small business,

organization, or governmental

jurisdiction and you have questions

concerning its provisions or options for

compliance, please contact the Coast

Guard point of contact designated in the

FOR FURTHER INFORMATION CONTACT

section.

Collection of Information

This rule would call for no new

collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.)

Federalism

The Coast Guard has analyzed this

rule under Executive Order 13132 and

has 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

would not impose an unfunded

mandate.

Taking of Private Property

This rule would 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 E.O.

12988, Civil Justice Reform, to minimize

litigation, eliminate ambiguity, and

reduce burden.

Protection of Children

The Coast Guard has 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 action and have

determined under figure 2–1, paragraph

34 (f and h), of Commandant Instruction

M16475.lC; that 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 the

event, this rule is intended to minimize

environmental impacts from increased

vessel traffic during the parade of sail.

List of Subjects

33 CFR Part 100

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

33 CFR Part 110

Anchorage grounds.

In consideration of the foregoing, the

Coast Guard amends 33 CFR Parts 100,

and 110 as follows:

PART 100—[AMENDED]

1. The authority for Part 100

continues to read as follows:

Authority: 33 U.S.C. 1233, 49 CFR 1.46,

and 33 CFR 100.35.

2. Temporary § 100.35T–07–014 is

added as follows:

§ 100.35T–07–014; OPSAIL 2000, Port of

San Juan, Puerto Rico.

(a) Regulated Areas:

(1) Area A, fireworks exclusion area.

(i) Location. All waters within a 300

yard radius around the point of Isla

Grande in position 18–27.58N, 066–

06.33W.

(ii) Enforcement Period. Paragraph

(a)(1)(i) of this section is enforced from

9 p.m. to 9:30 p.m. daily from May 17,

2000 until May 29, 2000.

(2) Regulated Area B, San Juan

Harbor.

(i) Location. All waters within San

Juan Harbor.

(ii) Enforcement Period. Paragraph

(a)(2)(i) of this section is enforced from

7 a.m. May 29, 2000 until 12 noon on

May 29, 2000.

(3) Regulated Area C, parade area.

(i) Location. The Parade of Sail route

will encompass an area starting at the

Northeast point of Isla Las Cabras at 18–

28.5N, 066–08.4W; then north to the

Three Nautical Mile line at 18–31.5N,

066–08.4W; then east to a point north of

Boca de Congrejos at 18–31.5N, 066–

00.0W, then south to the twenty fathom

line just north of Boca de Congrejos at

18–28.5N, 066–00.0W, then west to the

starting point. All coordinates reference

Datum NAD:83.

(ii) Enforcement Period. Paragraph

(a)(3)(i) of this section is enforced from

7 a.m. May 29, 2000 until 6 p.m. May

29, 2000.

(4) Regulated Area D, Bar Channel.

(i) Location. Bar Channel, San Juan

Harbor.

(ii) Paragraph (a)(4)(i) of this section

is enforced from 7 a.m. to 6 p.m. on May

29, 2000.

(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 Commander, Coast Guard

Greater Antilles Section.

(c) Special Local Regulations.

(1) Entry into the regulated areas

described in paragraph (a)(1), (a)(3) and

(a)(4) of this section during enforcement

periods is prohibited, unless otherwise

authorized by the Patrol Commander.

(2) Entry into and movement by

vessels already within the regulated area

described in paragraph (a)(2) of this

section will be prohibited from 7 a.m. to

12 p.m. on May 29, 2000, except for Tall

Ships departing for the Parade of Sail,

Law Enforcement Patrol vessels, and the

Puerto Rico Ports Authority ferries.

(d) Effective period. This section

becomes effective at 9 p.m. on May 17,

2000 and terminates at 6 p.m. on May

29, 2000.

PART 110—[AMENDED]

3. The authority 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).

4. In § 110.240, from 9 p.m. on May

17, 2000 through 6 p.m. on May 29,

2000, temporary new paragraphs (a)(3)

and (a)(4) and (b)(3) and (b)(4) are added

to read as follows:

§ 110.240 San Juan Harbor, P.R.

(a) * * *

(3) Temporary Anchorage (M). A

triangular area bounded by a line

starting at 18–28.0N, 066–07.5W then

southeast to 18–27.92N, 066–07.21w,

then south to 18–27.65N, 066–07.15W,

then to the starting point.

(4) Temporary Anchorage (C). is

rectangular area near Catano bounded

by a line starting at 18–27N, 066–07W,

then south to 18–26.7N, 066–07W, then

west to 18–26.7N, 066–07.55W, then

north to 18–27N, 066–07.55W, then east

to the starting point.

(b) * * *

(3)(i) Anchorage M is for Official

Vessels and an Anchorage Permit from

the Opsail 2000 organizers is required.

(ii) No vessel other than OPSAIL 2000

vessels and enforcement vessels may

anchor, loiter, or approach any OPSAIL

vessel when it is navigating or at anchor

in this area.

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