[Federal Register Volume 61, Number 114 (Wednesday, June 12, 1996)]
[Rules and Regulations]
[Pages 29655-29656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14861]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD 05-96-038]
RIN 2115-AA97


Safety Zone; Chesapeake Bay, Hampton Roads, Elizabeth River, 
Norfolk, VA

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone around 
the Nauticus National Maritime Center Norfolk, VA. The zone is needed 
to protect U.S. Coast Guard Change of Command participant vessels and 
mariners operating in the vicinity from 8 a.m. to 2 p.m. on June 14, 
1996. Entry into this zone is prohibited unless authorized by the 
Captain of the Port or his designated representative.

EFFECTIVE DATES: This regulation is effective from 8 a.m. to 2 p.m. on 
June 14, 1996, unless sooner terminated by the Captain of the Port, 
Hampton Roads, Virginia.

FOR FURTHER INFORMATION CONTACT:
Chief Petty Officer John Pekich, Project Officer, USCG Marine Safety 
Office Hampton Roads, telephone number (804) 484-8192.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a Notice of 
Proposed Rule Making (NPRM) was not published for this rule and good 
cause exists for making it effective less than 30 days after Federal 
Register publication. Publishing an NPRM and delaying its effective 
date would be contrary to the public interest since immediate action is 
needed to protect the vessels involved in the Change of Command 
Ceremony and other mariners operating in the vicinity

Discussion of the Regulation

    This temporary rule is issued to protect vessels involved in Change 
of Command ceremonies at the Nauticus National Maritime Center, 
Norfolk, VA. or those transiting the area on the Elizabeth River, 
Norfolk, VA. Therefore, the Coast Guard is establishing a 100 yard 
radius safety zone around the

[[Page 29656]]

maritime center's piers while the ceremony is conducted. The safety 
zone will be in effect from 8 a.m. to 2 p.m. on June 14, 1996, unless 
terminated sooner by the Captain of the Port. This safety zone will 
prohibit access by all unauthorized persons to all waters within a 100 
yard radius from a point located at 36-54'.28'' N 076-05'.31'' W during 
these operations. A safety zone is necessary to protect both the 
vessels involved with the operation and those operating in the 
vicinity.

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. It 
has been exempted from review by the Office of Management and Budget 
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). The Coast Guard expects the economic impact of this 
rule to be so minimal that a full Regulatory Evaluation under paragraph 
10e of the regulatory policies and procedures of DOT is unnecessary.

Collection of Information

    This rule contains no collection of information requirements under 
Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this rule under the principles and 
criteria contained in Executive Order 12612 and has determined that it 
does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under section 2.B.2.e(34) of Commandant Instruction 
M16475.1B (as revised by 59 FR 38654; July 29, 1994), this rule is 
categorically excluded from further environmental documentation.

List of Subjects in 33 CFR Part 165

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

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR 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.

    2. A new temporary section 165.T05-038 is added to read as follows:


Sec. 165.T05-038  Safety Zone: Chesapeake Bay, Hampton Roads, Elizabeth 
River, Norfolk, Virginia.

    (a) Location: The following area is a safety zone: All waters 
within a 100 yard radius from a point located at 36-54'.28'' N, 076-
05'.31'' W, on the Elizabeth River at the Nauticus National Maritime 
Center, Norfolk, Virginia, during the Change of Command Ceremony.
    (b) Definitions: 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 
by the Captain of the Port to act on his behalf.
    (c) (1) In accordance with the general regulations in section 
165.23 and 165.501 of this part, entry into this zone is prohibited 
unless authorized by the Captain of the Port. The general requirements 
of section 165.23 and 165.501 also apply to this regulation.
    (2) Persons or vessels requiring entry into or passage through the 
safety zone must first request authorization from the Captain of the 
Port. The Coast Guard vessels 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 (804) 484-8192.
    (d) The Captain of the Port will notify the public of changes in 
the status of this zone by Marine Safety Radio Broadcast on VHF Marine 
Band Radio, Channel 22 (157.1 MHz).

    Dated: June 6, 1996.
D.A. Sande,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. 96-14861 Filed 6-11-96; 8:45 am]
BILLING CODE 4910-14-M