20926 Federal Register / Vol. 66, No. 81 / Thursday, April 26, 2001 / Rules and Regulations

CFR part 1320. This information

collection requirement has been

submitted to and approved by OMB,

pursuant to the provisions of the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.). The requirement has been

approved through February 2, 2002:

OMB Control No. 2127–0597.

National Environmental Policy Act:

The agencies have reviewed this action

for the purpose of compliance with the

National Environmental Policy Act (42

U.S.C. 4321 et seq.), and have

determined that it will not have a

significant effect on the human

environment.

Unfunded Mandates Reform Act: The

Unfunded Mandates Reform Act of 1995

(Public Law 104–4) requires agencies to

prepare a written assessment of the

costs, benefits and other effects of final

rules that include a Federal mandate

likely to result in the expenditure by

State, local or tribal governments, in the

aggregate, or by the private sector, of

more than $100 million annually. This

final rule does not meet the definition

of a Federal mandate. It is a voluntary

program, in which States can choose to

participate at their option. The costs to

States to participate in this program will

not exceed the $100 million threshold.

Moreover, States that choose to

participate in this program will receive

allocations of Federal funds for

activities that are eligible under Title 23,

United States Code.

List of Subjects in 23 CFR Part 1240

Grant programs—Transportation,

Highway safety, Intergovernmental

relations, Reporting and recordkeeping

requirements.

For the reasons set out in the

preamble, the interim final rule

published in the Federal Register on

October 29, 1998, 63 FR 57904, adding

a new part 1240 to chapter II,

subchapter B of the Code of Federal

Regulations, is adopted as final.

Issued on: April 19, 2001.

Vincent F. Schimmoller,

Deputy Executive Director.

L. Robert Shelton,

Executive Director, National Highway Traffic

Safety Administration.

[FR Doc. 01–10448 Filed 4–25–01; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–01–047]

RIN 2115–AA97

Safety Zone: Naval Force Protection,

Bath Iron Works, Bath, ME

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone to

close a portion of the Kennebec River to

waterway traffic in a 400 foot radius

around Bath Iron Works, Bath, Maine

for the protection of Naval Forces, from

7 a.m. April 4, 2001 to 12 p.m. June 16,

2001. Entry into this safety zone is

prohibited unless authorized by the

Captain of the Port.

EFFECTIVE DATE: This rule is effective

from 7 a.m. April 4, 2001 to 12 p.m.

June 16, 2001.

ADDRESSES: Comments should be

mailed to: Commanding Officer, U.S.

Coast Guard Marine Safety Office, 103

Commercial St., Portland Maine 04101–

4726. The Response and Planning

Department, Coast Guard Marine Safety

Office maintains the public docket for

this rule making. Comments and

material 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 Coast Guard Marine

Safety Office between 8 a.m. and 4 p.m.,

Monday through Friday, except for

Holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant E. J. Doucette, Chief of

Response and Planning, Captain of the

Port, Portland at (207) 780–3251.

SUPPLEMENTARY INFORMATION:

Regulatory History

As authorized by 5 U.S.C. 553, a

notice of proposed rulemaking (NPRM)

was not published for this regulation.

Good cause exists for not publishing a

NPRM and for making this regulation

effective in less than 30 days after

Federal Register publication. Due to the

complex planning and coordination

involved, final details for the closure

were not provided to the Coast Guard

until April 2, 2001, making it

impossible to publish a NPRM or a final

rule 30 days in advance. Any delay

encountered in this regulation’s

effective date would be contrary to

public interest since immediate action is

needed to safeguard the Naval vessels

moored to the Bath Iron Works facility,

the public and the surrounding area

from sabotage or other subversive acts,

accidents, or other causes of a similar

nature.

Background and Purpose

The safety zone will occur from 7 a.m.

April 4, 2001 to 12 p.m. June 16, 2001

at Bath Iron Works, Bath, Maine. This

regulation establishes a safety zone in

the waters of the Kennebec River. This

safety zone is required to protect the

Naval persons, facilities, and vessels

from the hazards associated with

terrorism. Entry into this zone will be

prohibited unless authorized by the

Captain of the Port.

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 not

been reviewed 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). The

Coast Guard expects the economic

impact of this proposal to be so minimal

that a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

This safety zone involves only a 400-

foot radius around Bath Iron Works. The

effect of this regulation will not be

significant for several reasons: The

safety zone is limited in duration, the

safety zone is limited in area, allowing

mariners to transit in the river channel

outside of the safety zone, and maritime

advisories will be made in advance of

and during the effective date of the

safety zone.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this proposal

will have a significant economic impact

on a substantial number of small

entities. Small entities may include (1)

small businesses and not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields and (2)

governmental jurisdictions with

populations of less than 50,000.

For the reasons addressed under the

Regulatory Evaluation above, the Coast

Guard expects the impact of this

regulation to be minimal and certifies

under section 605(b) of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.) that

Federal Register / Vol. 66, No. 81 / Thursday, April 26, 2001 / Rules and Regulations 20927

this final rule will not have a significant

economic impact on substantial number

of small entities.

This rule will affect the following

entities, some of which may be small

entities: fishing vessels and construction

vessels transiting the Kennebec River

from 7 a.m. April 4, 2001 to 12 p.m.

June 16, 2001. s

This safety zone will not have a

significant economic impact on a

substantial number of small entities for

the following reasons: This rule will

only be in effect for approximately 73

days, is limited in duration and area,

and will be advertised in advance.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Public Law 104–

121), we offer to assist small entities in

understanding the rule so that they may

better evaluate its effects on them and

participate in the rulemaking process.

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

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 contains no collection of

information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 113132

and have determined that this rule does

not have sufficient federalism

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 costs without the Federal

government’s having first provided the

funds to pay those 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 section 3(a) and 3(b)(2) of Executive

Order 12988, Civil Justice Reform, to

minimize litigation, eliminate ambiguity

and reduce burden.

Protection of Children

The Coast Guard has 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.

Indian Tribal Governments

This rule does not have tribal

implications under Executive Order

13175, Consultation and Coordination

with Indian Tribal Governments. A rule

with tribal implications has 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.

Environment

The Coast Guard has considered the

environmental impact of this regulation

and concluded that, under Figure 2–1,

paragraph 34(g) of Commandant

Instruction M16475.1C, this rule is

categorically excluded from further

environmental documentation. A

Categorical Exclusion Determination

and an Environmental Analysis

Checklist is available in the docket for

inspection or copying.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and record keeping

requirements, Security measures,

Waterways.

Regulation

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR part 165 as follows:

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.

2. Add temporary section, 165.T01–

047 to read as follows:

§ 165.T01–047 Naval Force Protection,

Bath Iron Works, Bath, ME.

(a) Location. The following is a safety

zone: all waters in a 400-foot radius

around Bath Iron Works, Bath, ME.

(b) Effective date. 7 a.m. April 4, 2001

to 12 p.m. June 16, 2001.

(c) Regulations. (1) The general

regulations contained in § 165.23 and

the regulations specifically relating to

safety zones in § 165.20 of this part

apply.

(2) All persons and vessels shall

comply with the instructions of the

Coast Guard Captain of the Port or the

designated on scene patrol personnel.

Upon being hailed by designated

personnel via siren, radio, flashing light,

bull horn, or other means, the operator

of the vessel and other persons inside

the safety zone shall proceed as

directed.

(3) Entry or movement within this

zone is prohibited unless authorized by

the Captain of the Port, Portland, ME.

Dated: April 4, 2001.

Roy A. Nash,

Commander, U.S. Coast Guard, Captain of

the Port.

[FR Doc. 01–10420 Filed 4–25–01; 8:45 am]

BILLING CODE 4910–15–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[TX–114–2–7494; FRL–6969–4]

Approval and Promulgation of Air

Quality State Implementation Plans

(SIP); Texas: Control of Gasoline

Volatility

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: The EPA is approving a State

Implementation Plan (SIP) revision

submitted by the State of Texas

establishing a low-Reid Vapor Pressure

(RVP) fuel requirement for gasoline

distributed in 95 counties in the eastern

and central parts of Texas. Texas

developed this fuel requirement to

reduce emissions of volatile organic

compounds (VOCs) as part of the State’s

strategy to achieve the National

Ambient Air Quality Standard (NAAQS)

for ozone in the Houston-Galveston and

Dallas-Fort Worth nonattainment areas.

We are approving Texas’ fuel

requirement into the SIP because we

found that the fuel requirement is in

accordance with the requirements of the

Clean Air Act (the Act) as amended in

1990 and is necessary for these