[Federal Register: October 13, 1999 (Volume 64, Number 197)] [Rules and Regulations] [Page 55420-55421] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr13oc99-10] [[Page 55420]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Coast Guard 33 CFR Part 165 [CGD 05-99-090] RIN 2115-AA97 Safety Zone; Chesapeake Bay, Hampton, VA AGENCY: Coast Guard, DOT. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a temporary safety zone for the 1812 Overture Fireworks Display to be held on a deck barge in Chesapeake Bay, adjacent to Fort Monroe, Hampton, Virginia. This action is intended to restrict vessel traffic on a portion of Chesapeake Bay, within a 1000-foot radius of the fireworks deck barge. The safety zone is necessary to protect mariners and spectators from the hazards associated with the fireworks display. DATES: This temporary final rule is effective from 8:30 p.m. until 9:30 p.m. on October 23, 1999. ADDRESSES: Documents as indicated in this preamble are available for inspection or copying at the USCG Marine Safety Office Hampton Roads, 200 Granby Street, Norfolk, Virginia, between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. The telephone number is (757) 441-3290. FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Alford Danzy, project officer, USCG Marine Safety Office Hampton Roads, telephone number (757) 441-3290. SUPPLEMENTARY INFORMATION: Regulatory History A Notice of Proposed Rule Making (NPRM) was not published for this regulation. In keeping with 5 U.S.C. 553, the Coast Guard finds that good cause exists for not publishing an NPRM. In keeping with the requirements of 5 U.S.C. 533(d)(3), the Coast Guard also finds good cause exists for making this regulation effective less than 30 days after publication in the Federal Register. The Coast Guard received confirmation of this request for a temporary safety zone on September 23, 1999. There was not sufficient time to publish a proposed rule in advance of the event. Publishing an NPRM and delaying the effective date of the regulation would be contrary to the public interest, because immediate action is necessary to protect the vessels and spectators from the hazards associated with the fireworks display. Background and Purpose The Coast Guard is establishing a temporary safety zone for the 1812 Overture Fireworks Display to be held on a deck barge in Chesapeake Bay adjacent to Fort Monroe, Hampton, Virginia. The safety zone will restrict vessel traffic on a portion of Chesapeake Bay, within an 1000-foot radius of the fireworks deck barge, located in approximate position 37 deg. 00' 03''N, 076 deg. 18' 26''W (NAD 1983). The safety zone is necessary to protect mariners and spectators from the hazards associated with the fireworks display. The safety zone is effective from 8:30 p.m. until 9:30 p.m. on October 23, 1999. Entry into this safety zone is prohibited unless authorized by the Captain of the Port Hampton Roads. Public notifications will be made prior to the event via local notice to mariners and marine information broadcasts. Regulatory Evaluation This temporary final 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). This temporary final rule only affects a limited area for one hour and only affects the waters of Chesapeake Bay adjacent to Fort Monroe within a 1000-foot radius of the fireworks deck barge. 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. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the Coast Guard considered whether this temporary final rule will have a significant economic impact on a substantial number of small entities. ``Small Entities'' include 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. This regulation will be in effect for one hour and only affects the waters of Chesapeake Bay adjacent to Fort Monroe within a 1000-foot radius of the fireworks deck barge. Therefore, the Coast Guard certifies under section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this temporary final rule will not have a significant economic impact on a substantial number of small entities. Collection of Information This temporary final rule does not provide for a collection of information under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). Federalism The Coast Guard has analyzed this temporary final 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 has analyzed this temporary final rule and concluded that, under figure 2-1, paragraph (34)(g) of Commandant Instruction M16475.1C, this temporary final 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. Regulation 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), 6.04-6, and 160.5; 49 CFR 1.46. 2. A new temporary Sec. 165.T05-090 is added to read as follows: Sec. 165.T05-090 Safety Zone; Chesapeake Bay, Hampton, VA. (a) Location. The following area is a safety zone: All waters of the Chesapeake Bay adjacent to Fort Monroe, Hampton, Virginia within a 1000-foot radius of the fireworks deck barge at approximate position 37 deg.00'03'' N, 076 deg.18'26'' W. All coordinates reference Datum NAD 1983. (b) Effective Date. This section is effective from 8:30 p.m. until 9:30 p.m. on October 23, 1999. (c) Definition. Captain of the Port means the Commanding Officer of the Marine Safety Office Hampton Roads, Norfolk, VA or any Coast Guard [[Page 55421]] commissioned, warrant, or petty officer who has been authorized by the Captain of the Port to act on his behalf. (d) Regulations. (1) All persons are required to comply with the general regulations governing safety zones in Sec. 165.23 of this part. (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 (757) 484-8192. (e) 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: September 29, 1999. B.R. Conaway, Commander, U.S. Coast Guard, Acting Captain of the Port Hampton Roads. [FR Doc. 99-26674 Filed 10-12-99; 8:45 am] BILLING CODE 4910-15-P