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.

38210 Federal Register / Vol. 65, No. 119 / Tuesday, June 20, 2000 / Rules and Regulations

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° 14.12′ N, 076°

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:

§ 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° 14.12′ N, 076°

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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD05–00–020]

RIN 2115–AA97

Safety Zone; Hill Bay, VA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

the County of Mathews fireworks

display to be held on shore adjacent to

Hill Bay, Mathews, Virginia. This action

will restrict vessel traffic on Hill Bay

within a 500-foot radius of the shoreside

display. 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: