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Safety Zone; Atlantic Ocean, Virginia Beach, VA.
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: May 19, 2000 (Volume 65, Number 98)]
[Rules and Regulations]
[Page 31813-31814]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19my00-8]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD05-00-013]
RIN 2115-AA97
Safety Zone; Atlantic Ocean, Virginia Beach, VA.
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule; request for comments.
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SUMMARY: The Coast Guard is establishing a temporary safety zone 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 May 20, 2000 through July 4, 2000.
ADDRESSES: Comments must be received by June 15, 2000. You may mail
comments and related material to USCG Marine Safety Office Hampton
Roads, 200 Granby Street, Norfolk, Virginia, 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 this rulemaking (CGD05-00-013), 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\1/2\ 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 History
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b), the Coast Guard finds that good
cause exists for not publishing an NPRM. We were not notified of these
events until May 5, 2000. There was insufficient 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 displays taking place
prior to July 4, 2000. In previous years, these and similar events have
been held without incident and without comment from the public
regarding the Coast Guard's establishment of limited safety zones
around barges engaged in launching fireworks. An NPRM will be published
for those Virginia Beach fireworks displays taking place after July 4,
2000 of which we have been notified.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Most of these events will take
place within 30 days of the publication of this rule. Delaying the
effective date of the regulation would be contrary to the public
interest because immediate action is needed to protect the mariners and
spectators from the hazards associated with the fireworks display.
Background and Purpose
The Coast Guard is establishing a temporary safety zone for the
Virginia Beach fireworks displays north of the Virginia Beach Fishing
Pier, in the Atlantic Ocean. The safety zone will restrict vessel
traffic within a 2500-foot radius of a fireworks laden barge in
approximate position 36 deg.50.75' north and 076 deg.58.40' west. The
safety zone is necessary to protect mariners and spectators from the
hazards associated with the fireworks display.
The safety zone will be enforced from 9 p.m. until 11 p.m. on May
20, 2000; May 27, 2000--rain date May 28, 2000; June 4, 2000--rain date
June 10, 2000; June 11, 2000--rain date June 17, 2000; June 18, 2000--
rain date June 24, 2000; June 25, 2000--rain date July 1, 2000; and
July 4, 2000.
Additional public notifications will be made prior to the event via
marine information broadcasts.
[[Page 31814]]
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,
1979). This temporary final rule only affects a limited area for two
hours/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 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.
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 deg.50.75' north and 076 deg.58.40' west.
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 two hours/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 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, Government
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),
6.04-6, and 160.5; 49 CFR 1.46.
2. Add temporary Sec. 165.T05-013 to read as follows:
Sec. 165.T05-013 Safety Zone; Atlantic Ocean, Virginia Beach, VA.
(a) Location. The following area is a safety zone: All waters of
the Atlantic Ocean, north of the Virginia Beach Fishing Pier, within a
2500-foot radius of a fireworks laden barge in approximate position
36 deg.50.75" north and 076 deg.58.40" west
(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 Sec. 165.23 of this
part.
(2) Persons or vessels requiring entry into or passage through a
safety zone must first receive 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) Dates. This section applies from 9 p.m. until 11 p.m. on the
following dates:
(1) May 20, 2000.
(2) May 27, 2000--rain date May 28, 2000.
(3) June 4, 2000--rain date June 10, 2000.
(4) June 11, 2000--rain date June 17, 2000.
(5) June 18, 2000--rain date June 24, 2000.
(6) June 25, 2000--rain date July 1, 2000.
(7) July 4, 2000.
Dated: May 12, 2000.
J. E. Schrinner,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 00-12640 Filed 5-18-00; 8:45 am]
BILLING CODE 4910-15-U