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###### Department of Transportation

###### Coast Guard 

          - 33 CFR Part 165 
          - [CGD05-00-015] 
          - RIN 2115-AA97 

# AGENCY:

Coast Guard, DOT. 

# ACTION:

Notice of proposed rulemaking. 

# 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                           ( print page 34128)                        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° 50.75′ N, 076°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°50.75′ N, 076° 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°50.75′ N, 076°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                           ( print page 34129)                        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: 

§ 165.T05-015 

                            (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°50.75′ N, 076°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