[Federal Register Volume 65, Number 103 (Friday, May 26, 2000)]
[Proposed Rules]
[Pages 34127-34129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13442]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD05-00-015]
RIN 2115-AA97


Safety Zone; Atlantic Ocean, Virginia Beach, VA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes establishing temporary safety zones 
for the Virginia Beach Fireworks displays, north of the Virginia Beach 
Fishing Pier, in the Atlantic Ocean. This action would 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: Comments and related material must reach the Coast Guard on or 
before June 5, 2000.

ADDRESSES:
    You may mail comments and related material to USCG Marine Safety 
Office Hampton Roads, 200 Granby Street, Norfolk, VA, 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

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and

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address, identify the docket number for this rulemaking (CGD05-00-015), 
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 8.5 
by 11 inches, suitable for copying. The comment period for this 
regulation is 10 (ten) days. This time period is adequate since the 
events are well publicized in the local maritime community. In addition 
these events are held in the same area at about the same time each year 
with no objection. If you would like to know that your comments reached 
us, please enclose a stamped, self-addressed postcard or envelope. We 
will consider all comments and material received during the comment 
period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting, but you may submit a 
request for a meeting by writing to USCG Marine Safety Office Hampton 
Roads at the address under ADDRESSES explaining why one would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Background and Purpose

    The city of Virginia Beach is sponsoring several fireworks events 
from July 9, 2000 through September 9, 2000. The fireworks will be 
fired from a barge in approximate position 36 deg. 50.75' N, 
076 deg.58.40' W, which position is in the vicinity of the Virginia 
Beach Fishing Pier.
    The purpose of these regulations is to promote maritime safety and 
protect the boating public from the hazards associated with a fireworks 
display. These regulations will provide a safety buffer around the 
fireworks-laden barge. The regulations will affect the movement of all 
vessels operating in the specified areas of the Atlantic Ocean.
    Public notifications would be made prior to the event via marine 
information broadcasts.

Discussion of Proposed Rule

    The Coast Guard is proposing to establish temporary safety zones 
for the Virginia Beach fireworks displays, north of the Virginia Beach 
Fishing Pier, in the Atlantic Ocean. The safety zones would restrict 
vessel traffic within a 2500-foot radius of a fireworks-laden barge, in 
approximate position 36 deg.50.75' N, 076 deg. 58.40' W. The safety 
zone is necessary to protect mariners and spectators from the hazards 
associated with the fireworks display.
    The safety zone would be enforced from 9 p.m. until 11 p.m. on July 
9, 2000--rain date July 15, 2000; July 16, 2000--rain date July 22, 
2000; July 23, 2000--rain date July 29, 2000; July 30, 2000--rain date 
August 5, 2000; August 6, 2000--rain date August 12, 2000; August 13, 
2000--rain date August 19, 2000; August 20, 2000--rain date August 26, 
2000; August 27, 2000; September 2, 2000--rain date September 3, 2000; 
and September 9, 2000.

Regulatory Evaluation

    This proposed 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. This proposed 
rule will only affect a limited area for two hours per event, 
alternative routes exist for maritime traffic, and advance notification 
via marine information broadcasts will enable mariners to plan their 
transit to avoid the safety zones.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), we 
considered whether this proposed 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 proposed rule would 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 deg.50.75' N, 076 deg.58.40' 
W.
    These safety zones would not have a significant economic impact on 
a substantial number of small entities for the following reasons: This 
proposed rule only affects a limited area for two hours per 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 safety zones.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Chief Petty Officer Roddy Corr, 
project officer, USCG Marine Safety Office Hampton Roads, telephone 
number (757) 441-3290.

Collection of Information

    This proposed rule would call 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 proposed 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 proposed rule would not impose an 
unfunded mandate.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise

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have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed 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 proposed rule and 
concluded that under figure 2-1, paragraph (34)(g), of Commandant 
Instruction M16475.lC, this proposed rule is categorically excluded 
from further environmental documentation. A ``Categorical Exclusion 
Determination'' will be available in the docket where indicated under 
ADDRESSES.

List of Subjects

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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), 
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46. Section 165.100 is also 
issued under authority of Sec. 311, Pub. L. 105-383.

    2. Add temporary section 165.T05-015 to read as follows:


Sec. 165.T05-015  Safety Zone; Atlantic Ocean, Virginia Beach, VA.

    (a) Location. The following area is a safety zone: All waters of 
the Atlantic Ocean within a 2500-foot radius of a fireworks laden barge 
in approximate position 36 deg.50.75' N, 076 deg.58.40' W.
    (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 section 165.23 of 
this part.
    (2) Persons or vessels requiring entry into or passage through a 
safety zone must first request 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) Effective Date. This section will be enforced from 9 p.m. until 
11 p.m. on the following dates:
    (1) July 9, 2000--rain date July 15, 2000.
    (2) July 16, 2000--rain date July 22, 2000.
    (3) July 23, 2000--rain date July 29, 2000.
    (4) July 30, 2000--rain date August 5, 2000.
    (5) August 6, 2000--rain date August 12, 2000.
    (6) August 13, 2000--rain date August 19, 2000.
    (7) August 20, 2000--rain date August 26, 2000.
    (8) August 27, 2000.
    (9) September 2, 2000--rain date September 3, 2000.
    (10) September 9, 2000.

    Dated: May 22, 2000.
J.E. Schrinner,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. 00-13442 Filed 5-24-00; 3:14 pm]
BILLING CODE 4910-15-U