Federal Register / Vol. 66, No. 84 / Tuesday, May 1, 2001 / Proposed Rules 21715

Civil Justice Reform

This proposed 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 proposed 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 tribe, 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

We considered the environmental

impact of this proposed rule and

concluded that, under figure 2–1,

paragraph (34)(d), of Commandant

Instruction M16475.1C, this proposed

rule is categorically excluded from

further environmental documentation.

The proposed rule is a procedural

regulation that does not have any

environmental impact because the

action does not have a significant effect

on the quality of the human

environment. A ‘‘Categorical Exclusion

Determination’’ is available in the

docket where indicated under

ADDRESSES.

List of Subjects in 33 CFR Part 160

Administrative practice and

procedure; Harbors; Hazardous

materials transportation; Marine safety;

Navigation (water); Reporting and

record keeping requirements; Vessels;

For the reasons discussed in the

preamble, the Coast Guard proposes to

amend 33 CFR part 160, subpart C as

follows:

PART 160—PORTS AND WATERWAYS

SAFETY—GENERAL

Subpart C—Notifications of Arrivals,

Departures, Hazardous Conditions,

and Certain Dangerous Cargoes

1. The authority citation for part 160

continues to read as follows:

Authority: 33 U.S.C. 1223, 1231; 49 CFR

1.46.

2. In § 160.201 redesignate paragraphs

(c)(3)(vii), (viii), (ix), and (x) as

paragraphs (c)(3)(viii), (ix), (x), and (xi)

respectively, and add paragraph

(c)(3)(vii) to read as follows:

§ 160.201 Applicability and exceptions to

applicability.

* * * * *

(c) * * *

(3) * * *

(vii) Name of the charterer of the

vessel;

* * * * *

3. In § 160.203 add in alphabetical

order the definition for ‘‘Charterer’’ to

read as follows:

§ 160.203 Definitions.

* * * * *

Charterer means the person or

organization that contracts for the

majority of the carrying capacity of a

ship for the transportation of cargo to a

stated port for a specified period.

* * * * *

4. In § 160.207 redesignate paragraphs

(c)(7), (8), (9), (10), and (11) as

paragraphs (c)(8), (9), (10), (11), and (12)

respectively, and add paragraph (c)(7) to

read as follows:

§ 160.207 Notice of arrival: Vessels bound

for ports or places in the United States.

* * * * *

(c) * * *

(7) Name of the charterer of the vessel;

* * * * *

5. Amend § 160.211 as follows:

a. Redesignate paragraphs (a)(7), (8),

(9), (10), (11), (12), (13), (14), (15), and

(16) as paragraphs (a)(8), (9), (10), (11),

(12), (13), (14), (15), (16), and (17)

respectively; and add paragraph (a)(7);

b. In paragraph (b) remove ‘‘(a)(8)

through (16)’’ and all ‘‘(a)(9) through

(17)’’.

The addition reads as follows:

§ 160.211 Notice of arrival: Vessels

carrying certain dangerous cargo.

(a) * * *

(7) Name of the charterer of the vessel;

* * * * *

6. Amend § 160.213 to read as

follows:

a. Redesignate paragraphs (a)(7), (8),

(9), (10), (11), (12), (13), (14), and (15)

as paragraphs (a)(8), (9), (10), (11), (12),

(13), (14), (15), and (16) respectively,

and add paragraph (a)(7);

b. In paragraph (b) remove ‘‘(a)(8)

through (15)’’ and ‘‘(a)(9) through (16)’’.

The addition read add as follows:

§ 160.213 Notice of departure: Vessels

carrying certain dangerous cargo.

(a) * * *

(7) Name of the charterer of the vessel;

* * * * *

Dated: March 23, 2001.

R.C. North,

Rear Admiral, U. S. Coast Guard, Assistant

Commandant for Marine Safety and

Environmental Protection.

[FR Doc. 01–10838 Filed 4–30–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09–01–015]

RIN 2115–AA97

Safety Zone: Captain of the Port

Chicago Zone

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

establish safety zones for annual

fireworks displays located at the Navy

Pier, Chicago, Illinois. This action is

necessary to provide for the safety of life

and property on navigable waters during

each event. This action is intended to

restrict vessel traffic in a portion of the

Chicago Harbor.

DATES: Comments must be received on

or before May 31, 2001.

ADDRESSES: Comments may be mailed

or delivered to: Commanding Officer,

U.S. Coast Guard Marine Safety Office

Chicago, 215 W. 83rd Street, Suite D,

Burr Ridge, Illinois 60521. Marine

Safety Office Chicago maintains the

public docket for this rulemaking.

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 MSO Chicago

between 7:30 a.m. and 4 p.m. Monday

through Friday, except federal holidays.

FOR FURTHER INFORMATION CONTACT:

MST2 Mike Hogan, U.S. Coast Guard

Marine Safety Office Chicago, 215 W.

83rd Street, Suite D, Chicago, Illinois

60521 (630) 986–2175.

SUPPLEMENTARY INFORMATION:

Request for Comments

We encourage you to participate in

this rulemaking by submitting

comments and related material. If you

do so, please include your name and

address, identify the docket number on

this rulemaking (CGD09–01–015),

indicate the specific section of this

proposal to which each comment

21716 Federal Register / Vol. 66, No. 84 / Tuesday, May 1, 2001 / Proposed Rules

applies, and give the reason(s) for each

comment. Please submit all comments

and attachments in an unbound format,

no larger than 81⁄2 by 11 inches, suitable

for photocopying and electronic filing. If

you would like to know they reached

us, please enclose a stamped, selfaddressed envelope or postcard.

The Coast Guard will consider all

comments received during the comment

period. We may change this proposed

rule in view of them.

Public Meeting

We do not now plan to hold a public

meeting. But you may request a public

meeting by writing to MSO Chicago at

the address listed under ADDRESSES

explaining why one would be

beneficial. If we determine that one

would aid this rulemaking, the Coast

Guard will hold a public meeting at a

time and place announced by a later

notice in the Federal Register.

Background and Purpose

The Coast Guard proposes to establish

a permanent safety zone that will be

activated for fireworks displays

occurring throughout the summer

season annually at the same location.

The proposed safety zone will include

the waters off the Navy Pier Breakwall,

Lake Michigan bounded by the arc of a

circle with a 350-foot radius with its

center in approximate position

41°53′18′′ N, 087°36′08′′ W (NAD 1983).

Based on recent accidents that have

occurred in other Captain of the Port

zones and the explosive hazard

associated with these events, the

Captain of the Port has determined that

fireworks launches in close proximity to

watercraft pose a significant risk to

public safety and property. The likely

combination of large numbers of

inexperienced recreational boaters,

congested waterways, darkness

punctuated by bright flashes of light,

alcohol use, and debris falling into the

water could easily result in serious

injuries or fatalities. Establishing a

safety zone to control vessel movement

within a 350-foot radius of the fireworks

launch platforms will help ensure the

safety of persons and property at these

events and help minimize the associated

risk.

Establishing permanent safety zones

by notice and comment rulemaking

gives the public the opportunity to

comment on the proposed zones,

provides better notice than

promulgating temporary rules annually,

and decreases the amount of annual

paperwork required for these events.

The Coast Guard has not previously

received notice of any impact caused by

these events.

Discussion of Proposed Rule

The proposed size of this safety zone

was determined using National Fire

Protection Association and local area

fire department standards, combined

with the Coast Guard’s knowledge of

waterway conditions in these areas.

Although these new regulations will

not affect the Chicago River, the channel

will be affected. In the event that

shipping is affected by these new

regulations, commercial vessels may

request permission from the Captain of

the Port Chicago to transit through the

safety zone.

The proposed safety zone would be in

effect from 8 p.m. (c.d.t.) to 11 p.m.

(c.d.t.) However, vessels may enter,

remain in, or transit through this safety

zone during this time frame if

authorized by the Captain of the Port

Chicago, or designated Coast Guard

patrol personnel on scene, as provided

for in 33 CFR 165.23. The proposed

zone will be activated on the Sunday

before Memorial Day and Labor Day,

every Wednesday and Saturday between

Memorial Day and Labor Day, and the

Fourth of July.

Regulatory Evaluation

This proposed 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 this rule 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). We

expect the economic impact of this

proposed rule to be so minimal that a

full Regulatory Evaluation under

paragraph 10(e) of the regulatory

policies and procedures of DOT is

unnecessary.

This determination is based on the

minimal time that vessels will be

restricted from the zones, and all of the

zones are in areas where the Coast

Guard expects insignificant adverse

impact to mariners from the zones’

activation.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we have considered

whether this proposed rule would have

a significant 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 proposed rule

would not have a significant economic

impact on a substantial number of small

entities.

This proposed rule would affect the

following entities, some of which might

be small entities: The owners or

operators of commercial vessels

intending to transit a portion of an

activated safety zone.

These safety zones would not have a

significant economic impact on a

substantial number of small entities for

the following reasons: The proposed

zone is only in effect for few hours on

the day of the event. Vessel traffic can

safely pass outside the proposed safety

zone during the events. In cases where

traffic congestion is greater than

expected and blocks the Chicago River,

traffic may be allowed to pass through

the safety zone under Coast Guard

escort with the permission of the

Captain of the Port Chicago. Before the

effective period, we will issue maritime

advisories widely available to users of

the Port of Chicago by the Ninth Coast

Guard District Local Notice to Mariners,

Marine information broadcasts, and

facsimile broadcasts may also be made.

Additionally, the Coast Guard has not

received any negative reports from small

entities affected during these displays in

previous years.

If you think that your business,

organization, or governmental

jurisdiction qualifies as a small entity

and that this rule would have a

significant economic impact on it,

please submit a comment (see

ADDRESSES) explaining why you think it

qualifies and how and to what degree

this rule would economically affect it.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Public Law 104–

121), we want to assist small entities in

understanding this rule so that they can

better evaluate its effects and participate

in the rulemaking process. If the rule

would affect your small business,

organization, or governmental

jurisdiction and you have questions

concerning its provisions or options for

compliance, please contact Marine

Safety Office Chicago (see ADDRESSES.)

Collection of Information

This proposed rule would call for no

new collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501–3520).

Federalism

We have analyzed this proposed rule

under Executive Order 13132 and have

Federal Register / Vol. 66, No. 84 / Tuesday, May 1, 2001 / Proposed Rules 21717

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 costs. This proposed

rule would not impose an unfunded

mandate.

Taking of Private Property

This proposed rule would 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 proposed 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

The Coast Guard has analyzed this

proposed 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

We have considered the

environmental impact of this proposed

rule and concluded that, under figure 2–

1, paragraph 32(g) of Commandant

Instruction M16475.1C, this proposed

rule is categorically excluded from

further environmental documentation.

A written categorical exclusion

determination is available in the docket

for inspection or copying where

indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

For the reasons discussed in the

preamble, the Coast Guard proposes to

amend 33 CFR Part 165 as follows:

PART 165—REGULATED NAVIGATION

AREAS AND LIMITED ACCESS AREAS

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 § 165.908 to read as follows:

§ 165.908 Safety Zones: Annual fireworks

events in the Captain of the Port Chicago

Zone.

(a) The following area is designated a

safety zone:

(1) Location. The waters off the end of

Navy Pier, Lake Michigan, where the

fireworks barge will be, bounded by the

arc of a circle with a 350-foot radius

with its center in the middle of the

barge, an approximate position of 41°

53′ 18′′ N, 087° 36′ 08′′ W (NAD 1983).

(2) Effective dates. This regulation

becomes effective from 8 p.m. (c.d.t.) to

11 p.m. (c.d.t.) on the Sunday before

Memorial and Labor Day; every

Wednesday and Saturday from

Memorial Day weekend to Labor Day

Weekend; and the Fourth of July. If the

Fourth of July fireworks are canceled

due to inclement weather, the paragraph

(a)(1) is effective on July 5th.

(b) Regulations. (1) The general

regulations contained in 33 CFR 165.23

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.

Coast Guard patrol personnel include

commissioned, warrant, and petty

officers of the U.S. Coast Guard. Upon

being hailed by a U.S. Coast Guard

vessel via siren, radio, flashing light, or

other means, the operator shall proceed

as directed.

(3) The safety zone encompasses a

portion of Lake Michigan that is near

the entrance to the Chicago River. In

cases where shipping is affected,

commercial vessels may request

permission from the Captain of the Port

Chicago to transit the safety zone.

Approval will be made on a case-bycase basis. Requests must be made in

advance and approved by the Captain of

the Port before transits will be

authorized. The Captain of the Port may

be contacted via U.S. Coast Guard

Group Milwaukee on Channel 16, VHF–

FM.

Dated: April 20, 2001.

R.E. Seebald,

Captain, U.S. Coast Guard, Captain of the

Port Chicago.

[FR Doc. 01–10716 Filed 4–30–01; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 175

[USCG–2000–8589]

RIN 2115–AG04

Wearing of Personal Flotation Devices

(PFDs) by Certain Children Aboard

Recreational Vessels

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

require that children aboard recreational

vessels wear personal flotation devices

(PFDs), or lifejackets. During 1995–

1998, 105 children under 13 died in the

water, 66 of them by drowning. This

proposed rule should reduce the

number of children who drown because

they were not wearing lifejackets.

DATES: Comments and related material

must reach the Docket Management

Facility on or before August 29, 2001.

ADDRESSES: Identify your comments and

related material by the docket number

for this rulemaking [USCG–2000–8589].

To make sure they do not enter the

docket more than once, please submit

them by only one of the following

means:

(1) By mail to the Docket Management

Facility, U.S. Department of

Transportation, room PL–401, 400

Seventh Street SW., Washington, DC

20590–0001.

(2) By hand-delivery to room PL–401

on the Plaza level of the Nassif Building,

400 Seventh Street SW., Washington,

DC, between 9 a.m. and 5 p.m., Monday

through Friday, except Federal holidays.

The telephone number is 202–366–

9329.

(3) By fax to the Docket Management

Facility at 202–493–2251.

(4) Electronically through the Internet

Site for the Docket Management System

at http://dms.dot.gov.

The Docket Management Facility

maintains the public docket for this

rulemaking. Comments and material

received from the public, as well as

documents mentioned in this preamble

as being available in the docket, will

become part of this docket and will be

available for inspection or copying at

room PL–401 on the Plaza level of the

Nassif Building, at the address listed

above between 9 a.m. and 5 p.m.,

Monday through Friday, except Federal

holidays. You may also find this docket

on the Internet at http://dms.dot.gov.

You may obtain a copy of this proposed

rule by calling the U.S. Coast Guard

Infoline at 1–800–368–5647, or read it