[Federal Register Volume 65, Number 119 (Tuesday, June 20, 2000)]
[Rules and Regulations]
[Pages 38209-38210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15516]


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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.

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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 deg. 14.12' N, 076 deg. 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.

[[Page 38210]]

    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 York River, Virginia within 1000 
feet of a shoreside fireworks display at the National Park Service 
Beach Picnic area located in approximate position 37 deg. 14.12' N, 
076 deg. 30.25' W.
    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 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.

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, 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 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), 
6.04-1, 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.T05-019 to read as follows:


Sec. 165.T05-019  Safety Zone; York River, Virginia.

    (a) Location. The following area is a safety zone: All waters of 
the York River, within a 1000-foot radius of a shoreside fireworks 
display in approximate position 37 deg. 14.12' N, 076 deg. 30.25' 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 this 
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 is in effect from 9 p.m. until 10 
p.m. on July 4, 2000.

    Dated: June 6, 2000.
J.E. Schrinner,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 00-15516 Filed 6-19-00; 8:45 am]
BILLING CODE 4910-15-U