[Federal Register: May 6, 2003 (Volume 68, Number 87)]
[Rules and Regulations]
[Page 23893-23894]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06my03-7]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-03-040]
RIN 1625-AA00
Safety Zone; Chesapeake Bay, Norfolk, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone for the Kiwanis
Beach Club fireworks display to be held at the Ocean View Beach Park,
162 West Ocean View Avenue, Norfolk, Virginia. This action is intended
to restrict vessel traffic on the Chesapeake Bay, within a 560-foot
radius of a fireworks display. The fireworks will be launched 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. on May 9, 2003, until 11:59
p.m. on May 10, 2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD05-03-040 and are available for
inspection or copying at USCG Marine Safety Office Hampton Roads, 200
Granby Street, Suite 700, Norfolk, Virginia, 23510, between 9:30 a.m.
and 2 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LTJG Jay Davis, project officer, USCG
Marine Safety Office Hampton Roads, telephone number (757) 668-5590.
SUPPLEMENTARY INFORMATION:
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. The event will take place
between 8 p.m. and 11:59 p.m. and is expected to attract a large number
of spectator craft near the event area. Due to the dangers posed by the
fireworks display, it is in the public interest to have these
regulations in effect during the event.
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. Spectators will be observing from
both the shore and from vessels. Because of the hazards associated with
the fireworks display, a limited access area is necessary to provide
for the safety of spectators.
Background and Purpose
On May 9, 2003, the Kiwanis Beach Club fireworks display will be
held at the Ocean View Beach Park, Norfolk, Virginia. Spectators will
be observing from both the shore and from vessels. Due to the need for
protection of mariners and spectators from the hazards associated with
the fireworks display, vessel traffic will be temporarily restricted.
Discussion of Rule
The Coast Guard is establishing a safety zone on specified waters
of the Chesapeake Bay. The regulated area will consist of a 560-foot
radius zone extending around the fireworks launch point on the Ocean
View Beach Park shoreline, approximately one half mile East of
Harrison's Fishing Pier. The temporary regulations will be enforced
from 8 p.m. to 11:59 p.m. eastern time May 9, 2003. In the event of
rain canceling the fireworks on May 9, 2003, the temporary regulations
will be enforced from 8 p.m. until 11:59 p.m. on May 10, 2003. General
navigation in the safety zone will be restricted during the event.
Except for participants and vessels authorized by the Coast Guard
Patrol Commander, no person or vessel may enter or remain in the
regulated area.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 Homeland
Security (DHS).
Although this regulation restricts access to the regulated area,
the effect of this rule will not be significant because: (i) The COTP
may authorize access to the safety zone; (ii) the safety zone will be
in effect for a limited duration; and (iii) the Coast Guard will make
notifications via maritime advisories so mariners can adjust their
plans accordingly.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``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.
The Coast Guard certifies under 5 U.S.C. section 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 may be small entities: the owners and operators of
vessels intending to transit or anchor in that portion of the
Chesapeake Bay from 8 p.m. to 11:59 p.m. on May 9, 2003, or May 10,
2003 if the rain date becomes necessary.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process. If the rule
will affect your small business, organization, or government
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed under FOR
FURTHER INFORMATION CONTACT for assistance in understanding this rule.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions
[[Page 23894]]
annually and rates each agency's responsiveness to small business. If
you wish to comment on actions by employees of the Coast Guard, call 1-
888-REG-FAIR (1-888-734-3247).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
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 create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that Order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation. This regulation has a duration of less
than one week.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Vessels, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
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: Department of Homeland Security Delegation
No. 0170.
0
2. From 8 p.m. on May 9, 2003 through 11:59 on May 10, 2003, add
temporary Sec. 165.T05-040, to read as follows:
Sec. 165.T05-040 Safety Zone; Chesapeake Bay, Norfolk, VA.
(a) Location. The following area is a safety zone: All waters of
the Chesapeake Bay within 560 feet of the Ocean View Beach Park
shoreline, approximately one half mile East of Harrison's Fishing Pier.
(b) Definition. Designated representative means any U.S. Coast
Guard commissioned, warrant or petty officer who has been authorized by
the Captain of the Port, Hampton Roads, Virginia to act on his behalf.
The Captain of the Port, Hampton Roads, and his designated
representatives can be contacted at telephone Number (757) 668-5555 or
(757) 484-8192. The Coast Guard vessels enforcing the safety zone can
be contacted on VHF-FM channels 13 and 16.
(c) Regulations.
(1) In accordance with the general regulations in Sec. 165.23 of
this part, entry into this zone is prohibited unless authorized by the
Captain of the Port, Hampton Roads, Virginia, or his designated
representatives.
(2) The operator of any vessel in the immediate vicinity of this
safety zone shall:
(i) Stop the vessel immediately upon being directed to do so by any
commissioned, warrant or petty officer on board a vessel displaying a
U.S. Coast Guard Ensign.
(ii) Proceed as directed by any commissioned, warrant or petty
officer on board a vessel displaying a U.S. Coast Guard Ensign.
Enforcement Period
(d) Enforcement period. This section will be enforced from 8 p.m.
through 11:59 p.m. on May 9, 2003. In the event the May 9, 2003
fireworks are cancelled, this section will be enforced from 8 p.m.
through 11:59 p.m. on May 10, 2003.
Dated: April 25, 2003.
Lawrence M. Brooks,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. 03-11162 Filed 5-5-03; 8:45 am]
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