Federal Register / Vol. 65, No. 119 / Tuesday, June 20, 2000 / Rules and Regulations 38207

Collection of Information

This rule would call for no new

collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501–3520.).

Federalism

We have analyzed this rule under E.O.

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

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 E.O. 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

We have analyzed this rule under E.O.

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, paragraph (32)(e), of

Commandant Instruction M16475.1C,

this rule is categorically excluded from

further environmental documentation

because promulgation of drawbridge

regulations have been found not to have

a significant effect on the environment.

A ‘‘Categorical Exclusion

Determination’’ is available in the

docket where indicated under

ADDRESSES.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR part 117 as follows:

PART 117—DRAWBRIDGE

OPERATION REGULATIONS

1. The authority citation for part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05–1(g); section 117.255 also issued

under the authority of Pub. L. 102–587, 106

Stat. 5039.

2. Section 117.585(d) is revised to

read as follows:

§ 117.585 Acushnet River

* * * * *

(d) From 6 p.m. on December 24 to

midnight on December 25 and from 6

p.m. on December 31 to midnight on

January 1, the draw shall open on signal

if at least a two-hour notice is given by

calling the number posted at the bridge.

3. Section 117.586 is added to read as

follows:

§ 117.586 Annisqualm River and Blynman

Canal

The draw of the Blynman (SR127)

Bridge shall open on signal; except that,

from 6 p.m. on December 24 to midnight

on December 25 and from 6 p.m. on

December 31 to midnight on January 1,

the draw shall open on signal if at least

a two-hour notice is given by calling the

number posted at the bridge.

4. In § 117.621 paragraph (c) is added

to read as follows:

§ 117.621 Fore River

* * * * *

(c) From 6 p.m. on December 24 to

midnight on December 25 and from 6

p.m. on December 31 to midnight on

January 1, the draw shall open on signal

if at least a two-hour notice is given by

calling the number posted at the bridge.

5. Section 117.619(b) is revised to

read as follows:

§ 117.619 Taunton River

* * * * *

(b) The draw of the Brightman Street

Bridge between Somerset and Fall River

shall open on signal; except that, from

November 1 through March 31, between

6 p.m. and 6 a.m. daily, the draw shall

open if at least a one-hour notice is

given. From 6 p.m. on December 24 to

midnight on December 25 and from 6

p.m. on December 31 to midnight on

January 1, the draw shall open on signal

if at least a two-hour notice is given by

calling the number posted at the bridge.

* * * * *

Dated: June 5 2000.

G.N. Naccara,

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

First Coast Guard District.

[FR Doc. 00–15216 Filed 6–19–00; 8:45 am]

BILLING CODE 4910–15–U

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: Temporary final rule.

SUMMARY: The Coast Guard is

establishing temporary safety zones 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 July 9,

2000 through September 9, 2000.

ADDRESSES: Comments and materials

received from the public, as well as

documents indicated in this preamble as

being available in the docket, are part of

docket CGD05–00–015 and are available

for inspection or copying at the USCG

Marine Safety Office, 200 Granby Street,

Norfolk, VA 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:

Regulatory History

On May 26, 2000, we published a

Notice of Proposed Rule Making

(NPRM) entitled Safety Zone; Atlantic

Ocean, Virginia Beach, VA in the

Federal Register (65 FR 34127). We

received no letters commenting on the

proposed rule. No public hearing was

requested and none was held.

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°

38208 Federal Register / Vol. 65, No. 119 / Tuesday, June 20, 2000 / Rules and Regulations

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 will be made

prior to the event via marine

information broadcasts.

Discussion of Comments and Changes

We did not receive any comments on

the proposed rule. No substantive

changes were made to the proposed

rule.

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, l979).

We expect the economic impact of

this temporary final rule to be so

minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary. This temporary

final rule will only affect a limited area

for two hour 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 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′ N, 076° 58.40′ W.

These safety zones will not have a

significant economic impact on a

substantial number of small entities for

the following reasons: This 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.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Public Law 104–

121), we offered to assist small entities

in understanding the rule so that they

can better evaluate its effects on them

and participate in the rulemaking

process. No requests for assistance in

understanding this rule were received.

Small businesses may send comments

on the actions of 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

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 would 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

The Coast Guard considered the

environmental impact of this temporary

final 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.

A ‘‘Categorical Exclusion

Determination’’ will be available in the

docket where indicated under

ADDRESSES.

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), 6.04–1, 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 Safety Zone; Atlantic

Ocean, Virginia Beach, VA.

(a) Location. The following area is a

safety zone: All waters of the Atlantic

Ocean within a 2,500-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

Federal Register / Vol. 65, No. 119 / Tuesday, June 20, 2000 / Rules and Regulations 38209

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) Enforcement Dates. 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.

(e) Effective Date. This section is in

effect from July 9, 2000 until September

9, 2000.

Dated: June 6, 2000.

J.E. Schrinner,

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

Port, Hampton Roads.

[FR Doc. 00–15517 Filed 6–19–00; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD05–00–019]

RIN 2115–AA97

Safety Zone; York River, VA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

the Yorktown Fourth of July Celebration

fireworks display to be held at the

National Park Service Beach Picnic area,

Yorktown, Virginia. This action will

restrict vessel traffic on the York River

within a 1000-foot radius of the

fireworks display, which will be fired

from shore. The safety zone is necessary

to protect mariners and spectators from

the hazards associated with the

fireworks display.

DATES: This rule is effective from 9 p.m.

until 10 p.m. on July 4, 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

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 the rulemaking

(CGD05–00–019), 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. If you

would like to know they reached us,

please enclose a stamped, self-addressed

postcard or envelope.

Regulatory Information

We did not publish a notice of

proposed rulemaking (NPRM) for this

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

Coast Guard finds that good cause exists

for not publishing an NPRM. We were

not notified of the event in sufficient

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 display. In

previous years, this event and similar

ones have been held without incident

and without comment from the public

regarding the Coast Guard’s

establishment of limited safety zones

around fireworks displays.

Background and Purpose

The Coast Guard is establishing a

temporary safety zone for the Yorktown

Fourth of July Celebration fireworks

display to be held at the National Park

Service Beach Picnic area, Yorktown,

Virginia. The safety zone will restrict

vessel traffic on the York River within

a 1000-foot radius of the fireworks

display, which will be fired from shore,

in approximate position 37° 14.12′ N,

076° 30.25′ W. The safety zone is

necessary to protect mariners and

spectators from the hazards associated

with the fireworks display.

The safety zone is effective from 9

p.m. until 10 p.m. on the July 4, 2000.

Additional public notifications will be

made prior to the event via marine

information broadcasts.

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, l979). This

temporary final rule only affects a

limited area for one hour, 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.