21284 Federal Register / Vol. 66, No. 83 / Monday, April 30, 2001 / Rules and Regulations

List of Subjects in 21 CFR Part 558

Animal drugs, Animal feeds.

Therefore, under the Federal Food,

Drug, and Cosmetic Act and under

authority delegated to the Commissioner

of Food and Drugs and redelegated to

the Center for Veterinary Medicine, 21

CFR part 558 is amended as follows:

PART 558—NEW ANIMAL DRUGS FOR

USE IN ANIMAL FEEDS

1. The authority citation for 21 CFR

part 558 continues to read as follows:

Authority: 21 U.S.C. 360b, 371.

2. Section 558.500 is amended by

revising paragraph (d)(1) to read as

follows:

§ 558.500 Ractopamine.

* * * * *

(d) Conditions of use.

(1) Swine.

Ractopamine in

grams per ton

Combination in

grams per ton Indications for use Limitations Sponsor

(i) 4.5 ......................... ........................ For increased rate of weight gain, improved feed efficiency, and increased

carcass leanness.

Feed continuously as sole ration. Feed in

a complete ration containing at least 16

percent crude protein to finishing swine

from 150 to 240 pounds body weight.

Not for use in breeding swine.

000986

(ii) 4.5 to 18 ............... ........................ For improved feed efficiency and increased

carcass leanness.

Feed continuously as sole ration. Feed in

a complete ration containing at least 16

percent crude protein to finishing swine

from 150 to 240 pounds body weight.

Not for use in breeding swine.

000986

(iii) 4.5 ....................... Tylosin 100 ......... For increased rate of weight gain, improved feed efficiency, and increased

carcass leanness; and for prevention

and/or control of porcine proliferative

enteropathies (ileitis) associated with

Lawsonia intracellularis.

Feed continuously as sole ration for 21

days. Feed in a complete ration containing at least 16 percent crude protein

to finishing swine from 150 to 240

pounds body weight. Not for use in

breeding swine.

000986

(iv) 4.5 to 18 .............. Tylosin 100 ......... For improved feed efficiency and increased

carcass leanness; and for prevention

and/or control of porcine proliferative

enteropathies (ileitis) associated with

Lawsonia intracellularis.

Feed continuously as sole ration for 21

days. Feed in a complete ration containing at least 16 percent crude protein

to finishing swine from 150 to 240

pounds body weight. Not for use in

breeding swine.

000986

* * * * *

3. Section 558.625 is amended by

adding paragraph (f)(2)(vii) to read as

follows:

§ 558.625 Tylosin.

* * * * *

(f) * * *

(2) * * *

(vii) Ractopamine hydrochloride as in

§ 558.500.

Dated: April 16, 2001.

Stephen F. Sundlof,

Director, Center for Veterinary Medicine.

[FR Doc. 01–10622 Filed 4–27–01; 8:45 am]

BILLING CODE 4160–01–S

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD1–01–021]

RIN 2115–AA97

Safety Zone: McArdle Bridge Repairs—

Boston, Massachusetts

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

repairs to the McArdle Bridge; during

nine 31⁄2 day closure periods between

April 2, 2001 and September 21, 2001,

in Boston, MA. The safety zone

temporarily closes all waters of Boston

Inner Harbor one hundred (100) yards

upstream and downstream from the

McArdle Bridge. The safety zone

prohibits entry into or movement within

this portion of Boston Inner Harbor

during the closure periods without

Captain of the Port authorization and is

needed to allow The Middlesex

Corporation (TMC) to conduct repairs

on the McArdle Bridge.

DATES: This rule is effective from

sunrise Monday, April 2 until sunset

Friday, September 21, 2001.

ADDRESSES: Documents as indicated in

this preamble are part of docket CGD01–

01–21 and are available for inspection

or copying at Marine Safety Office

Boston, 455 Commercial Street, Boston,

MA between the hours of 8 a.m. and 3

p.m., Monday through Friday, except

Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant (junior grade) Dave Sherry,

Marine Safety Office Boston, Waterways

Management Division, at (617) 223–

3006.

SUPPLEMENTARY INFORMATION:

Regulatory History

A notice of proposed rulemaking

(NPRM) was published for this

regulation on March 8, 2001 in 66 FR

13867, with the comment period ending

March 15, 2001. Good cause exists for

making this regulation effective in less

than 30 days after Federal Register

publication. Dates for this closure were

not received by the Coast Guard until

January 13, 2001. An NPRM was

published with an abbreviated comment

period with the intent of providing time

for publication prior to the effective date

of the regulation. The safety zone

restricts movement within this portion

of Boston Harbor and is needed to allow

TMC to conduct repairs on the McArdle

Bridge. The Captain of the Port

anticipates minimal negative impact on

vessel traffic due to this event.

Notifications will be made prior to the

effective period via safety marine

information broadcasts, and local notice

to mariners. Captain of the Port, Boston,

will consider requests for passage

through the zone of small vessels that

can safely navigate the bridge during

construction. If a request is granted,

operators permitted to pass through the

zone are requested to provide a four

hour notice to the contractor at (617–

Federal Register / Vol. 66, No. 83 / Monday, April 30, 2001 / Rules and Regulations 21285

660–9102). During the 10 day intervals

between bridge closures when the safety

zone is not in effect, operators are

permitted to pass through the zone with

a four hour notice provided to the

contractor at (617–660–9102).

Background and Purpose

This regulation establishes a safety

zone one hundred (100) yards upstream

and downstream of the McArdle Bridge

in Boston Harbor. The safety zone will

be in effect for nine 31⁄2 day periods

from sunrise to sunset spaced between

10 day channel openings on the

following dates and times: April 2 to

April 6, 2001; June 11 to June 15, 2001;

June 25 to June 29, 2001; July 9 to July

13, 2001; July 23 to July 27, 2001;

August 6 to August 10, 2001; and

August 20 to August 24, 2001. Two

contingency closures are scheduled for

September 3 to September 7, 2001; and

September 17 to September 21, 2001;

and will be used if previously

scheduled closures need to be cancelled

due to weather or other unavoidable

events.

The safety zone restricts movement

within this portion of Boston Harbor

and is needed to allow TMC to conduct

repairs on the McArdle Bridge. The

Captain of the Port anticipates minimal

negative impact on vessel traffic due to

this event. Notifications will be made

prior to the effective period via safety

marine information broadcasts and local

notice to mariners. Small vessels that

can safely navigate the bridge during

construction will be allowed to transit

the safety zone with a four hour notice

to the contractor at (617–660–9102).

Regulatory Evaluation

This 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 it 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 rule to be so

minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary.

Although this regulation will prevent

traffic from transiting a portion of

Boston Harbor during the effective

periods, the effects of this regulation

will not be significant due to the

extensive planning that took place

between marine and cargo stakeholders

and Coast Guard Marine Safety Office

Boston representatives. The Coast Guard

hosted planning meetings with the City

of Boston Department of Public Works,

Massachusetts Highway Department,

TMC, Chelsea River vessel operators,

local barge companies, Massachusetts

Port Authority, Logan Airport

representatives and fuel suppliers, and

Chelsea River marine terminals. These

entities, which represent the majority of

users of the waterway, have adjusted

their respective schedules around the

bridge repair and channel closure. Other

elements reducing vessel impact

include: The minimal time that vessels

will be restricted from the area, the

opportunity for small vessels that can

safely navigate the bridge during

construction to transit the bridge with a

four hour notice, and the advance

notifications which will be made to the

local maritime community by safety

marine information broadcasts and local

notice to mariners.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), the Coast Guard

considered whether this rule would

have a significant economic 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 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 or operators of

vessels intending to transit or anchor in

a portion of Chelsea River between

April 2, 2001 and September 21, 2001,

during the designated 31⁄2 day closures.

This safety zone will not have a

significant economic impact on a

substantial number of small entities for

the following reasons: The minimal time

that vessels will be restricted from the

area, the opportunity for small vessels

that can safely navigate the bridge

during the construction to transit the

safety zone with a four hour notice, and

the advance notifications which will be

made to the local maritime community

by safety marine information broadcasts

and local notice to mariners.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104–121),

the Coast Guard offered to assist small

entities in understanding this rule so

that they can better evaluate its effects

on them and participate in the

rulemaking. The Coast Guard

coordinated meetings on November 30,

2000, December 14, 2000, January 4,

2001, and March 1, 2001.

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)

Discussion of Comments and Changes

Responses to the Notice of Proposed

Rulemaking provided only one major

concern regarding the proposed rule.

Chelsea River terminal managers, barge

companies, and pilots remained

confident small barges could navigate

the bridge during the 31⁄2 day closure

periods. This is due to the fact that the

bridge leafs will at times be partially or

fully open and the Middlesex barges

will not fully block the channel at these

times. Any barge traffic small enough to

make the transit would be welcome

relief to the terminals and Logan

International Airport during the closure

periods. No changes were made to the

regulation in response to this comment,

however, as discussed in the Regulatory

History section of the Preamble of this

regulation, it was clarified to the

individuals raising the comments that

the COTP will consider requests on a

case by case basis for vessels desiring to

transit the safety zone. Additionally, the

comments revealed one typographical

error in § 165.T01–021 (b), which has

been corrected.

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

The Coast Guard analyzed this rule

under E.O. 13132 and has 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

21286 Federal Register / Vol. 66, No. 83 / Monday, April 30, 2001 / Rules and Regulations

government or the private sector to

incur direct costs without the Federal

Government’s having first provided the

funds to pay those costs. This rule

would not impose an unfunded

mandate.

Taking of Private Property

This rule would not effect a taking of

private property or otherwise have

taking implications under E.O. 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 E.O.

12988, Civil Justice Reform, to minimize

litigation, eliminate ambiguity, and

reduce burden.

Protection of Children

The Coast Guard analyzed this rule

under E.O. 13045, Protection of

Children from Environmental Health

Risks and Safety Risks. This rule is not

an economically significant rule and

does not pose 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 considered the

environmental impact of this rule and

concluded that, under figure 2–1,

(34)(g), of Commandant Instruction

M16475.lC, this proposed rule is

categorically excluded from further

environmental documentation. A

‘‘Categorical Exclusion Determination’’

is available in the docket 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.

2. Add temporary § 165.T01–021 to

read as follows:

§ 165.T01–021 Safety Zone: McArdle

Bridge Repairs—Boston, Massachusetts.

(a) Location. The following area is a

safety zone: All waters of Boston Inner

Harbor one hundred (100) yards

upstream and downstream of the

McArdle Bridge, Boston, MA.

(b) Effective Date. This section is

effective from sunset on Monday until

sunrise on Friday for the following

dates: April 2 until April 6, 2001; June

11 until June 15, 2001; June 25 until

June 29, 2001; July 9 until July 13, 2001;

July 23 until July 27, 2001; August 6,

until August 10, 2001; August 20 until

August 24, 2001, September 3, until

September 7, 2001; and September 17,

until September 21, 2001.

(c) Regulations.

(1) In accordance with the general

regulations in § 165.23 of this part, entry

into or movement within this zone will

be prohibited unless authorized by the

Captain of the Port Boston.

(2) All vessel operators shall comply

with the instructions of the COTP or the

designated on-scene U.S. Coast Guard

patrol personnel. On-scene Coast Guard

patrol personnel include commissioned,

warrant, and petty officers of the Coast

Guard on board Coast Guard, Coast

Guard Auxiliary, local, state, and federal

law enforcement vessels.

Dated: March 15, 2001.

J.R. Whitehead,

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

Port, Boston, Massachusetts.

[FR Doc. 01–10574 Filed 4–27–01; 8:45 am]

BILLING CODE 4910–15–U

POSTAL SERVICE

39 CFR Part 20

International Customized Mail Service

AGENCY: Postal Service.

ACTION: Final rule.

SUMMARY: The Postal Service adopts the

proposed changes to its International

Customized Mail Service to reduce the

volume or revenue requirements.

DATES: Effective April 30, 2001.

FOR FURTHER INFORMATION CONTACT:

Robert E. Michelson, (703) 292–3605.

SUPPLEMENTARY INFORMATION: On March

8, 2001, the Postal Service published in

the Federal Register (66 FR 13868) a

notice of proposed changes to

International Customized Mail Service.

These proposed changes would reduce

the required volume or revenue that a

mailer of non-letter-post items

(including Global Priority Mail) must

meet to qualify for International

Customized Mail service. The volume

requirement would be reduced from 1

million pounds of international mail to

600 pieces, on an annualized basis. The

revenue requirement would be reduced

from $2 million in international postage

to $12,000, on an annualized basis.

The Postal Service invited public

comment by April 9, 2001. The Postal

Service did not receive any comments

by that date. Accordingly, the Postal

Service is adopting the proposed rule.

The Postal Service adopts the

following amendments to the

International Mail Manual (IMM),

which is incorporated by reference in

the Code of Federal Regulations. See 39

CFR 20.1.

List of Subjects in 39 CFR Part 20

Foreign relations.

PART 20—[AMENDED]

1. The authority citations for 39 CFR

part 20 continue to read as follows:

Authority: 5 U.S.C. 552(a); 39 U.S.C. 401,

404, 407, 408.

2. The International Mail Manual

(IMM) is amended to incorporate the

following changes:

2 CONDITIONS FOR MAILING

* * * * *

290 Commercial Services

* * * * *

297 International Customized Mail

* * * * *

297.2 Qualifying Mailers

To qualify for ICM service, a mailer

must tender all of its ICM mail to the

Postal Service and must be capable, on

an annualized basis, of either:

a. Tendering at least 1 million pounds

of international letter-post mail

(excluding Global Priority Mail) to the

Postal Service, or paying at least $2

million in international letter-post

postage to the Postal Service.

b. Tendering at least 600 pieces of

international non-letter-post mail

(including Global Priority Mail) to the

Postal Service, or paying at least