Federal Register / Vol. 65, No. 98 / Friday, May 19, 2000 / Rules and Regulations 31813

you may use an alternative measure or

system fit for retrieving a barge or

arresting its movement as a substitute

for Measure 2, described in paragraph

(b)(2) of this section. Before you use

such a measure or system, however, it

must receive the approval of the

Commandant (G–MSE). It will receive

this approval if it provides protection

against grounding of the tank vessel

comparable to that provided by one of

the other two measures described in this

section.

46 CFR PART 32—SPECIAL

EQUIPMENT, MACHINERY, AND HULL

REQUIRMENTS

3. The authority citation for part 32

continues to read as follows:

Authority: 46 U.S.C. 2103, 3306, 3703,

3719; E.O. 12234, 45 FR 58801, 3 CFR, 1980

Comp., p. 277; 49 CFR 1.46; Subpart 32.59

also issued under the authority of Sect. 4109,

Pub. L. 101–380, 104 Stat. 515.

4. In § 32.15–15, revise paragraph (e)

to read as follows:

§ 32.15–15 Anchors, Chains, and HawsersTB/ALL.

* * * * *

(e) Barges Equipped with Anchors to

Comply with 33 CFR 155.230(b)(1). Each

barge equipped with an anchor, to

comply with 33 CFR 155.230(b)(1), must

be fitted with an operable anchoring

system that includes a cable or chain,

and a winch or windlass. All

components of the system must be in

general conformity with the standards

issued by a recognized classification

society. A list of recognized

classification societies, including

information for ordering copies of

approved standards, is available from

Commandant (G–MSE), 2100 Second

Street SW, Washington, DC 20593–0001;

telephone (202) 267–6925 or fax (202)

267–4816. If the Coast Guard finds that

your anchoring system is not in general

conformity with an approved standard,

it will advise you how to bring it into

such conformity.

* * * * *

Dated: May 8, 2000.

J.C. Card,

Vice Admiral, U.S. Coast Guard, Acting

Commandant.

[FR Doc. 00–12570 Filed 5–18–00; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD05–00–013]

RIN 2115–AA97

Safety Zone; Atlantic Ocean, Virginia

Beach, VA.

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule; request for

comments.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

the Virginia Beach fireworks displays,

north of the Virginia Beach Fishing Pier,

in the Atlantic Ocean. This action will

restrict vessel traffic on the Atlantic

Ocean within a 2500-foot radius of a

fireworks laden barge. The safety zone

is necessary to protect mariners and

spectators from the hazards associated

with the fireworks display.

DATES: This rule is effective from May

20, 2000 through July 4, 2000.

ADDRESSES: Comments must be received

by June 15, 2000. You may mail

comments and related material to USCG

Marine Safety Office Hampton Roads,

200 Granby Street, Norfolk, Virginia, or

deliver them to the same address

between 8 a.m. and 4 p.m., Monday

through Friday, except Federal holidays.

USCG Marine Safety Office Hampton

Roads 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 8

a.m. and 4 p.m., Monday through

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Chief Petty Officer Roddy Corr, project

officer, USCG Marine Safety Office

Hampton Roads, telephone number

(757) 441–3290.

SUPPLEMENTARY INFORMATION:

Request for Comments

Although this rule is being published

as a temporary final rule without prior

notice, an opportunity for public

comment is nevertheless desirable to

ensure the rule is both reasonable and

workable. Accordingly, we encourage

you to submit comments and related

material. If you do so, please include

your name and address, identify the

docket number for this rulemaking

(CGD05–00–013), 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 81⁄2 by

11 inches, suitable for copying. If you

would like to know they reached us,

please enclose a stamped, self-addressed

postcard or envelope.

Regulatory History

We did not publish a notice of

proposed rulemaking (NPRM) for this

regulation. Under 5 U.S.C. 553(b), the

Coast Guard finds that good cause exists

for not publishing an NPRM. We were

not notified of these events until May 5,

2000. There was insufficient time to

publish an NPRM, allow for comments,

and publish a final rule in sufficient

time to allow notice to the public for the

fireworks displays taking place prior to

July 4, 2000. In previous years, these

and similar events have been held

without incident and without comment

from the public regarding the Coast

Guard’s establishment of limited safety

zones around barges engaged in

launching fireworks. An NPRM will be

published for those Virginia Beach

fireworks displays taking place after

July 4, 2000 of which we have been

notified.

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. Most of these events will take

place within 30 days of the publication

of this rule. Delaying the effective date

of the regulation would be contrary to

the public interest because immediate

action is needed to protect the mariners

and spectators from the hazards

associated with the fireworks display.

Background and Purpose

The Coast Guard is establishing a

temporary safety zone for the Virginia

Beach fireworks displays north of the

Virginia Beach Fishing Pier, in the

Atlantic Ocean. The safety zone will

restrict vessel traffic within a 2500-foot

radius of a fireworks laden barge in

approximate position 36°50.75′ north

and 076°58.40′ west. The safety zone is

necessary to protect mariners and

spectators from the hazards associated

with the fireworks display.

The safety zone will be enforced from

9 p.m. until 11 p.m. on May 20, 2000;

May 27, 2000—rain date May 28, 2000;

June 4, 2000—rain date June 10, 2000;

June 11, 2000—rain date June 17, 2000;

June 18, 2000—rain date June 24, 2000;

June 25, 2000—rain date July 1, 2000;

and July 4, 2000.

Additional public notifications will

be made prior to the event via marine

information broadcasts.

31814 Federal Register / Vol. 65, No. 98 / Friday, May 19, 2000 / Rules and Regulations

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). This

temporary final rule only affects a

limited area for two hours/event,

alternative routes exist for maritime

traffic, and advance notification via

marine information broadcasts will

enable mariners to plan their transit to

avoid entering the restricted area. The

Coast Guard expects the economic

impact of this rule to be so minimal that

a full regulatory evaluation under

paragraph 10(e) of the regulatory

policies and procedures of the DOT is

unnecessary.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

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 the Atlantic Ocean off

Virginia Beach, Virginia within a 2500-

foot radius of a fireworks laden barge

located in approximate position

36°50.75′ north and 076°58.40′ west.

This safety zone will not have a

significant economic impact on a

substantial number of small entities for

the following reasons: This temporary

final rule only affects a limited area for

two hours/event, alternative routes exist

for maritime traffic, and advance

notification via marine information

broadcasts will enable mariners to plan

their transit to avoid entering the

restricted area.

Collection of Information

This rule calls for no new collection

of information under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.).

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 unfunded mandate

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, Government 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

The Coast Guard considered the

environmental impact of this rule and

concluded that under figure 2–1,

paragraph (34)(g), of Commandant

Instruction M16475.lC, this rule is

categorically excluded from further

environmental documentation. This

regulation will have no impact on the

environment.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR part 165 as follows:

PART 165—[AMENDED]

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), 6.04–6, and 160.5; 49 CFR

1.46.

2. Add temporary § 165.T05–013 to

read as follows:

§ 165.T05–013 Safety Zone; Atlantic

Ocean, Virginia Beach, VA.

(a) Location. The following area is a

safety zone: All waters of the Atlantic

Ocean, north of the Virginia Beach

Fishing Pier, within a 2500-foot radius

of a fireworks laden barge in

approximate position 36°50.75′′ north

and 076°58.40′′ west

(b) Captain of the Port. 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 to act on his

behalf.

(c) Regulations. (1) All persons are

required to comply with the general

regulations governing safety zones

found in § 165.23 of this part.

(2) Persons or vessels requiring entry

into or passage through a safety zone

must first receive authorization from the

Captain of the Port. The Coast Guard

representative enforcing the safety zone

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

this safety zone by marine information

broadcast on VHF marine band radio,

channel 22 (157.1 MHz).

(d) Dates. This section applies from 9

p.m. until 11 p.m. on the following

dates:

(1) May 20, 2000.

(2) May 27, 2000—rain date May 28,

2000.

(3) June 4, 2000—rain date June 10,

2000.

(4) June 11, 2000—rain date June 17,

2000.

(5) June 18, 2000—rain date June 24,

2000.

(6) June 25, 2000—rain date July 1,

2000.

(7) July 4, 2000.

Dated: May 12, 2000.

J. E. Schrinner,

Captain, U.S. Coast Guard, Captain of the

Port Hampton Roads.

[FR Doc. 00–12640 Filed 5–18–00; 8:45 am]

BILLING CODE 4910–15–U