[Federal Register Volume 64, Number 189 (Thursday, September 30, 1999)]
[Proposed Rules]
[Pages 52723-52725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25448]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Parts 100, 110, and 165
[CGD05-99-068]
OPSAIL 2000, Port of Hampton Roads, VA
AGENCY: Coast Guard, DOT.
ACTION: Advanced notice of proposed rulemaking; request for comments.
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SUMMARY: The Coast Guard requests public comment on the temporary
establishment of several exclusion areas and anchorage grounds before,
during, and after OPSAIL 2000 in the Port of Hampton Roads, Virginia,
from June 14 through June 20, 2000. The Coast Guard anticipates
rulemaking establishing Special Local Regulations to control vessel
traffic within the Port of Hampton Roads 2 days prior to the event on
June 14 and 15, 2000; establishing several exclusion areas;
establishing new and/or assigning currently designated Anchorage
Grounds for participating/spectator vessels; and establishing temporary
safety zones for fireworks displays.
DATES: Comments must be received on or before November 15, 1999.
ADDRESSES: Comments may be mailed to the Port Operations Department
(CGD05-99-068), Coast Guard Marine Safety Office Hampton Roads, 200
Granby Street, Norfolk, Virginia 23510, or delivered to the 7th floor
at the same address between 8 a.m. and 3 p.m., Monday through Friday,
except Federal holidays.
The Port Operations Department of Marine Safety Office Hampton
Roads maintains the public docket for this rulemaking. Comments, and
documents as indicated in this preamble, will become part of this
docket and will be available for inspection or copying at the Coast
Guard Marine Safety Office
[[Page 52724]]
Hampton Roads, between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Commander S. Moody or
Lieutenant L. Greene, Port Operations Department, Coast Guard Marine
Safety Office Hampton Roads (757) 441-3294, between 8 a.m. and 3 p.m.,
Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in the
early stages of this rulemaking by submitting written data, views, or
arguments. Please explain your reasons for each comment so that we can
carefully weigh the consequences and impacts of any future requirements
we may propose. Persons submitting comments should include their names
and addresses, identify this rulemaking (CGD05-99-068) and the specific
section of this document to which each comment applies. Please submit
two copies of all comments and attachments in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. Persons wanting acknowledgment of receipt of comments should
enclose stamped, self-addressed postcards or envelopes. The Coast Guard
will consider all comments received during the comment period.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the Port Operations Department at the
address under ADDRESSES. The request should include the reasons why a
hearing would be beneficial. If it determines that the opportunity for
oral presentations will aid this rulemaking, the Coast Guard will hold
a public hearing at a time and place announced by a later notice in the
Federal Register.
Background and Purpose
Opsail 2000 is sponsoring the OPSAIL 2000 Parade of Tall Ships, as
well as a fireworks display. These events are scheduled to take place
on June 16 and 17, 2000 respectively, in the Port of Hampton Roads, on
the waters of Chesapeake Bay and the Elizabeth River. The Coast Guard
expects a minimum of 10,000 spectator craft for this event. The
anticipated rulemaking will provide specific guidance on temporary
anchorage regulations, vessel movement controls, safety and security
zones that will be in effect at various times in those waters during
the period June 14--20, 2000. The Coast Guard may seek to establish
additional regulated areas, Anchorage Grounds, and safety or security
zones once confirmation of the exact number of vessels and dignitaries
that will be participating in OPSAIL 2000 becomes available.
Schedule of Events
At the current time, marine related events will include the
following:
1. June 15 and 16, 2000: The arrival of more than 200 Tall Ships
and character vessels at Lynnhaven Anchorage.
2. June 16, 2000: Parade of approximately 200 Tall Ships and
character vessels from Cape Henry to Town Point Park, Downtown Norfolk.
3. June 17, 2000: Fireworks display scheduled to take place
adjacent to the Norfolk and Portsmouth Seawalls.
4. June 20, 2000: Scheduled departure for the majority of the
vessels.
Discussion
The Coast Guard estimates there will be over 10,000 spectator craft
and commercial vessels (passenger vessels and charter boats) in the
area during June 16 through 20, 2000. The safety of parade participants
and spectators will require that spectator craft be kept at a safe
distance from the parade route. The Coast Guard intends to establish
multiple limited access areas for the vessel parade, and to temporarily
modify existing anchorage areas within the port area to provide for
maximum spectator viewing areas and traffic patterns for deep draft and
barge traffic.
The most severe traffic restrictions will be in place during the
Parade of Sail, which will begin the morning of June 16 and end that
evening. These restrictions will affect all vessels. The only other
restriction anticipated for commercial deep draft and barge traffic
will be during the fireworks display on Saturday night, June 17. The
Coast Guard anticipates having vessels available on request to escort
deep draft and barge traffic through congested areas of Town Point
Reach during all other periods of June 16-20, 2000.
Regulatory Evaluation
At this early stage in what is still just a potential rulemaking,
the Coast Guard has not determined whether any future rulemaking may be
considered a significant regulatory action under section 3(f) of
Executive Order 12866 or 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 any future
rulemaking to be minimal. Although the Coast Guard anticipates
restricting traffic from transiting a portion of the Elizabeth River,
Newport News channel and some anchorages during the vessel parade, the
effect of any future rulemaking will be minimized because of the
limited duration of the event and the extensive advance notifications
that will be made to the maritime community via the Local Notice to
Mariners, facsimile, the internet, marine information broadcasts,
Hampton Roads Maritime Association meetings, and Hampton Roads area
newspapers, so mariners can adjust their plans accordingly. The Coast
Guard anticipates that the majority of the maritime industrial activity
in the Port of Hampton Roads will continue, relatively unaffected by
any future rulemaking.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether any potential rulemaking, if it led
to an actual rule, would 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.
The Coast Guard does not anticipate that its potential rulemaking
will have anything but a minimal impact upon small entities, but
expects that comments received on this advance notice will help it
determine the number of potentially affected small entities and in
weighing the impacts of various regulatory alternatives for the purpose
of drafting any rules.
Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Act of 1996 [Pub. L. 104-121], the Coast Guard wants to
assist small entities in understanding this advance notice so that they
can better evaluate the potential effects of any future rulemaking on
them and participate in the rulemaking. If you believe that your small
business, organization, or agency may be affected by any future
rulemaking, and if you have questions concerning this notice, please
consult the Coast Guard point of contact designated in FOR FURTHER
INFORMATION CONTACT. The Coast Guard is particularly interested in how
any future rulemaking may affect small entities. If you are a small
entity and believe that you may be affected by such a rulemaking,
please tell how, and what flexibility or compliance alternatives the
Coast Guard should consider to minimize the burden on small entities
while promoting port safety.
[[Page 52725]]
Collection of Information
The Coast Guard anticipates that any future rulemaking will not
provide for a collection of information under the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this advanced notice under the
principles and criteria contained in Executive Order 12612. From the
information available at this time, the Coast Guard cannot determine
whether this potential rulemaking would have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Unfunded Mandates
Under the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), the
Coast Guard must consider whether this potential rulemaking will result
in an annual expenditure by state, local, and tribal governments, in
the aggregate of $100 million (adjusted annually for inflation). If so,
the Act requires that a reasonable number of regulatory alternatives be
considered, and that from those alternatives, the least costly, most
cost-effective, or least burdensome alternative that achieves the
objective of the rule be selected. The Coast Guard does not anticipate
that any future rulemaking will result in such expenditures, but
welcomes comments addressing the issue from interested parties.
Environment
The Coast Guard anticipates that any potential rulemaking would be
categorically excluded from further environmental documentation in
accordance with Commandant Instruction M16475.1C. Any such rulemaking
would be designed to minimize the likelihood of maritime disasters with
their attendant environmental consequences and to enhance the safety of
participants, spectators, and other maritime traffic. Therefore, any
potential rulemaking should have no environmental impact. The Coast
Guard invites comments addressing possible effects that any such
rulemaking may have on the human environment or addressing possible
inconsistencies with any Federal, State, or local law or administrative
determinations relating to the environment. It will reach a final
determination regarding the need for an environmental assessment after
receipt of relevant comments.
J.E. Schrinner,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 99-25448 Filed 9-29-99; 8:45 am]
BILLING CODE 4910-15-U
