[Federal Register Volume 65, Number 114 (Tuesday, June 13, 2000)]
[Rules and Regulations]
[Pages 37044-37045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14858]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD05-00-016]
RIN 2115-AA97
Safety Zone; Chickahominy 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 Two Rivers Yacht Club fireworks display to be held at Barret's
Point at the mouth of the Chickahominy River, Williamsburg, Virginia.
This action will restrict vessel traffic on the Chickahominy River
within a 500-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 8 p.m. until 11:30 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 (CGD05-00-016), 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 if 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 with 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 Two
Rivers Yacht Club fireworks display to be held at Barret's Point, at
the mouth of the Chickahominy River, Williamsburg, Virginia. The safety
zone will restrict vessel traffic on the Chickahominy River within a
500-foot radius of the fireworks display, which will be fired from
shore, in approximate position 37 deg. 14.51' N, 076 deg. 52.10' 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 8 p.m. until 11:30 p.m. on 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,
1979). This temporary final rule only affects a limited area for three
and a half hours, 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 Chickahominy River within 500 feet
of a shoreside fireworks display at Barret's Point, located at the
mouth of the Chickahominy River in approximate position 37 deg. 14.51'
N, 076 deg. 52.10' 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 three and a half
hours, 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
[[Page 37045]]
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 M16475.1C, this rule is categorically excluded from further
environmental documentation. This regulation will have no impact on the
environment.
List of Subjects
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 Sec. 165.T05-016 to read as follows:
165.T05-013 Safety Zone; Chickahominy River, Virginia.
(a) Location. The following area is a safety zone: All waters of
the Chickahominy River, within a 500-foot radius of a shoreside
fireworks display in approximate position 37 deg.14.51' N,
076 deg.52.10' 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 8 p.m. until
11:30 p.m. on July 4, 2000.
Dated: June 5, 2000.
J.E. Schrinner,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 00-14858 Filed 6-12-00; 8:45 am]
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