21862 Federal Register / Vol. 66, No. 85 / Wednesday, May 2, 2001 / Rules and Regulations

This is rule does not meet the

definition of ‘‘rule’’ in 5 U.S.C.

804(3)(A) because it is a rule of

‘‘particular applicability.’’ Therefore, it

is not subject to the congressional

review requirements in 5 U.S.C. 801–

808.

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.

§ 558.4 [Amended]

2. Section 558.4 Requirement of a

medicated feed mill license is amended

in paragraph (d) in the ‘‘Category I’’

table in the entry for ‘‘Monensin’’ in the

‘‘Assay limits percent type A’’ column

by removing ‘‘90–110’’ and adding in its

place ‘‘85–115’’; and in the ‘‘Category

II’’ table in both paired entries for

‘‘Sulfadimethoxine’’ and ‘‘Ormetoprim’’

in the ‘‘Assay limits percent type A’’

column by removing ‘‘95–115’’ and in

its place adding ‘‘90–110’’.

Dated: April 20, 2001.

Claire M. Lathers,

Director, Office of New Animal Drug

Evaluation, Center for Veterinary Medicine.

[FR Doc. 01–10874 Filed 5–1–01; 8:45 am]

BILLING CODE 4160–01–S

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01–01–056]

Drawbridge Operation Regulations:

Long Island, New York Inland

Waterway from East Rockaway Inlet to

Shinnecock Canal, NY.

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation

from regulations.

SUMMARY: The Commander, First Coast

Guard District, has issued a temporary

deviation from the drawbridge

regulations which govern the operation

of the Atlantic Beach Bridge, at mile 0.4,

across the Reynolds Channel in New

York. This deviation from the

regulations allows the bridge owner to

need not open the bridge for the passage

of vessel traffic from 8 a.m., on May 15,

2001 through 8 a.m., on May 17, 2001.

This action is necessary to facilitate

necessary maintenance at the bridge.

Vessels that can pass under the bridge

without an opening may do so at all

times.

DATES: This deviation is effective from

May 15, 2001 through May 17, 2001.

FOR FURTHER INFORMATION CONTACT: Joe

Schmied, Project Officer, First Coast

Guard District, at (212) 668–7165.

SUPPLEMENTARY INFORMATION:

The Atlantic Beach Bridge, mile 0.4,

across the Reynolds Channel has a

vertical clearance of 25 feet at mean

high water, and 30 feet at mean low

water in the closed position. The

existing operating regulations are listed

at 33 CFR 117.799(e).

The bridge owner, the Nassau County

Bridge Authority, requested a temporary

deviation from the operating regulations

to facilitate replacement of the power

operating controls at the bridge.

This deviation to the operating

regulations will allow the owner of the

Atlantic Beach Bridge to need not open

the bridge for the passage of vessel

traffic from 8 a.m., on May 15, 2001

through 8 a.m., on May 17, 2001.

Vessels that can pass under the bridge

without an opening may do so at all

times.

In accordance with 33 CFR 117.35(c),

this work will be performed with all due

speed in order to return the bridge to

normal operation as soon as possible.

This deviation from the operating

regulations is authorized under 33 CFR

117.35.

Dated: April 19, 2001.

G.N. Naccara,

Rear Admiral, U.S. Coast Guard, Commander,

First Coast Guard District.

[FR Doc. 01–10969 Filed 5–1–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

United States Coast Guard

33 CFR Part 164

[USCG–2000–8300]

RIN 2115–AG03

Exemption of Public Vessels Equipped

with Electronic Charting and

Navigation Systems From Paper Chart

Requirements

AGENCY: United States Coast Guard,

DOT.

ACTION: Direct final rule.

SUMMARY: The Coast Guard amends its

regulations to exclude public vessels

owned, leased, or operated by the U.S.

Government from certain requirements

for navigational charts and publications.

The amendments allow public vessels to

use electronic charting and navigation

systems providing reliable navigation

information displays. Amending these

regulations provides a platform for the

Coast Guard to acquire more

information and evaluate these systems

as alternatives leading towards the goal

of a fully integrated electronic charting

and navigation technology into the

commercial sector. The Coast Guard is

currently preparing an Advanced Notice

of Proposed Rulemaking to amend the

same regulations allowing commercial

vessels to use electronic charting

systems.

DATES: This rule is effective July 31,

2001, unless a written adverse

comment, or written notice of intent to

submit an adverse comment, reaches the

Docket Management Facility on or

before July 2, 2001. If an adverse

comment, or notice of intent to submit

an adverse comment, is received, the

Coast Guard will withdraw this direct

final rule and publish a timely notice of

withdrawal in the Federal Register.

ADDRESSES: You may mail your

comments to the Docket Management

Facility, (USCG–2000–8300) U.S.

Department of Transportation, room PL–

401, 400 Seventh Street SW.,

Washington DC 20590–0001, or deliver

them to room PL–401 on the Plaza level

of the Nassif Building at the same

address between 10 a.m. and 5 p.m.,

Monday through Friday, except Federal

holidays. The telephone number is 202–

366–9329.

The Docket Management Facility

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

room PL–401 on the Plaza level of the

Nassif Building at the same address

between 10 a.m. and 5 p.m., Monday

through Friday, except Federal holidays.

You may also access this docket on the

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

FOR FURTHER INFORMATION CONTACT: For

questions regarding this rule, contact

David Beach, Office of Vessel Traffic

Management, Coast Guard, telephone

202–267–6623. For questions on

viewing, or submitting material to, the

docket, contact Dorothy Beard, Chief,

Dockets, Department of Transportation,

telephone 202–366–9329.

SUPPLEMENTARY INFORMATION:

Federal Register / Vol. 66, No. 85 / Wednesday, May 2, 2001 / Rules and Regulations 21863

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written data,

views, or arguments. Persons submitting

comments should include their names

and addresses, identify this rulemaking

[USCG 2000–8300] and the specific

section of this document to which each

comment applies, and give the reason

for each comment. Please submit all

comments and attachments in an

unbound format, no larger than 81⁄2 by

11 inches, suitable for copying and

electronic filing to the Docket

Management Facility at the address

under ADDRESSES. You may submit your

comments and material by mail, hand

delivery, fax, or electronic means to the

Docket Management Facility at the

address under ADDRESSES; but please

submit your comments and material by

only one means. If you submit them by

mail and would like to know they were

received, please enclose a stamped, selfaddressed postcard or envelope. The

Coast Guard will consider all comments

and material received during the

comment period.

Regulatory Information

The Coast Guard is publishing a direct

final rule, the procedures for which

appear in 33 CFR 1.05–55, because it

anticipates no adverse comment. If no

adverse comment or written notice of

intent to submit an adverse comment is

received within the specified comment

period, this rule will become effective as

stated in the DATES section. In that case,

approximately 30 days before the

effective date, the Coast Guard will

publish a document in the Federal

Register stating that no adverse

comment was received and confirming

that this rule will become effective as

scheduled. However, if the Coast Guard

receives a written adverse comment or

written notice of intent to submit an

adverse comment, it will publish a

document in the Federal Register

announcing withdrawal of all or part of

this direct final rule. If an adverse

comment applies to only part of this

rule and it is possible to remove that

part without defeating the purpose of

this rule, the Coast Guard may adopt as

final those parts of this rule on which

no adverse comment was received. The

part of this rule that was the subject of

an adverse comment will be withdrawn.

If the Coast Guard decides to proceed

with a rulemaking following receipt of

an adverse comment, the Coast Guard

will publish a separate Notice of

Proposed Rulemaking (NPRM) and

provide a new opportunity for

comment.

A comment is considered ‘‘adverse’’ if

the comment explains why this rule

would be inappropriate, including a

challenge to the rule’s underlying

premise or approach, or why it would

be ineffective or unacceptable without a

change. The Coast Guard is also, at

present, drafting a similar advanced

notice of proposed rulemaking to allow

commercial vessels to use electronic

navigation systems. We encourage

public participation when that

rulemaking is published in the near

future.

Background and Purpose

This rulemaking would exclude

public vessels from the chart and

publication requirements in 33 CFR

164.11, 33 CFR 164.30, and 33 CFR

164.33. This exclusion would only

apply to public vessels equipped with

an electronic charting and navigation

system that meets the standards

approved by the Federal agency

exercising operational control of the

vessel.

The United States based the

navigation and safety regulations found

in Title 33 Code of Federal Regulations

on Chapter 5 of the International

Convention for Safety of Life at Sea

(SOLAS). SOLAS exempts ships of war

from its safety of navigation provisions.

Nevertheless, at the time the Coast

Guard drafted the existing navigation

safety regulations, exemptions for U.S.

warships or other vessels being utilized

in exclusive, noncommercial

government service were not addressed.

Further chart carriage requirements

were not considered because electronic

charting did not exist and no

alternatives to paper documents were

contemplated.

The intent of the rule is to enable

Federal agencies to utilize electronic

charting and navigation systems as an

alternative to requiring paper nautical

charts and publications, when the

public vessel is equipped with an

electronic system and backup.

The Coast Guard realizes that

electronic charting and navigation

systems are increasingly predominant in

the maritime industry. As a result,

commercial shipping industries have

expressed their desire to incorporate

this new technology into their

operations.

Today, commercial shipping

companies that wish to use an

electronic charting and navigation

system as their primary means of

navigation on international voyages

must meet an International Maritime

Organization (IMO) standard. The term

‘‘ECDIS’’ (Electronic Chart Display and

Information System) describes the IMO

compliant system which specifies

technical system requirements

including the use of S–57 Vector format

ENC (Electronic Navigation Chart) chart

data produced under the authority of a

government hydrographic office.

Currently, the Coast Guard, the

National Oceanographic and

Atmospheric Agency (NOAA) and the

National Imagery and Mapping Agency

(NIMA) are working together to develop

electronic chart portfolios and evaluate

how these charts interrelate with

commercially available electronic

charting and navigation systems. The

Coast Guard is also evaluating

commercially available electronic

charting and navigation systems with

the expectation that it may assist in

establishing interim regulatory

standards for electronic charting

pending the wider availability of IMO

and International Hydrographic

Organization (IHO) compliant electronic

charts. This rule allows the Coast Guard

to gather and analyze operational data

related to using these systems as

installed on a variety of vessels.

The Coast Guard realizes the expense

that commercial shipping companies

will incur in attempting to meet the

IMO ECDIS standard. Our evaluation is

an attempt to afford the commercial

industries a provisional measure that

may allow marine industries to use

current electronic charting and

navigation systems with the intention

that commercial and public vessels

eventually meet the IMO ECDIS

standard.

Public vessel operations already

include the additional precautions

necessary to ensure the safety of

navigation during these evaluations and

trials (i.e. navigation standards, greater

available vessel manning and navigation

details set when public vessels enter

ports). The Coast Guard will also use the

lessons learned, findings, and other

experiences acquired through our

evaluation of electronic charting and

navigation systems to develop the

regulation allowing the use of an

electronic charting and navigation

system by commercial vessels.

The Coast Guard is taking a

leadership position with assisting

commercial shippers in exploring the

use of electronic charting and

navigation systems as their primary

means of navigation in U.S. waters. The

information we acquire from use of such

systems on public vessels will support

the goal of fully integrated electronic

charting and navigation technology into

the commercial shipping sector.

21864 Federal Register / Vol. 66, No. 85 / Wednesday, May 2, 2001 / Rules and Regulations

Discussion of Rule

At present, sections 33 CFR 164.11

entitled ‘‘Navigation under way;

General’’, 33 CFR 164.30 entitled

‘‘Charts, Publications, and Equipment,

General’’, and 33 CFR 164.33 entitled

‘‘Charts and Publications’’ require that

all vessels have printed marine charts

that are published by National Ocean

Service, the U.S. Army Corps of

Engineers, or a river authority, and plot

each fix on those charts. The charts

must be currently corrected at a large

enough scale, and have enough detail to

make safe navigation of the area

possible. This proposed rule would

amend the ‘‘Applicability’’ section (33

CFR 164.01) to offer an alternative to

certain U.S. public vessels from the

printed nautical charts and publications

requirement. The alternative means of

compliance would only apply to vessels

using an electronic charting and

navigation system, which is approved

by the Federal agency exercising

operational control of the vessel.

Regulatory Evaluation

This direct 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. The rule

has not been reviewed by the Office of

Management and Budget under this

Order. It is not significant under the

regulatory policies and procedures of

the Department of Transportation

(DOT)(44 FR 11040; February 26, l979).

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.

This direct final rule would exclude

public vessels from certain requirements

for paper navigational charts and

publications that are found in 33 CFR

Part 164 (Sections 164.11, 164.30, and

164.33). Agencies will be allowed the

flexibility of using either electronic

charts or the currently required paper

charts. Consequently, this rule would

not impose any mandatory costs on the

agencies it involves.

This direct final rule would apply to

warships and other vessels owned or

operated by the United States

Government and used only in

government noncommercial service

when equipped with an approved

electronic system.

The Coast Guard does not expect

using electronic charts and navigation

systems in place of paper charts to

adversely impact maritime safety.

Small Entities

Under the Regulatory Flexibility Act

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

considers whether this rule will 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 expects that this rule

would have a minimal economic impact

on small entities. The Coast Guard does

not believe that vessels affected by this

rule are owned or operated by small

entities, but by the federal government.

In addition, the acceptable paper charts

currently authorized are not printed or

produced by small entities. Therefore,

the Coast Guard believes that few, if

any, small entities would be affected

either directly or indirectly by this rule.

Therefore, 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. Comments submitted in

response to this finding will be

evaluated under the criteria in the

‘‘Regulatory Information’’ section of this

preamble.

Collection of Information

This rule does 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

rule under the principles and criteria

contained in Executive Order 13132,

and has determined that this rule does

not have sufficient implications for

federalism to warrant the preparation of

a Federalism Assessment. This

rulemaking only applies to Federal

Government owned or operated public

vessels. Therefore, since States may not

regulate such vessels, a Federal

Assessment is unnecessary.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under figure 2–1,

paragraph (34)(d) of Commandant

Instruction M16475.lC, this rule is

categorically excluded from further

environmental documentation. The

Coast Guard believes this rule would

have no significant effect on the

environment or any effect on regulations

involving the environment. The Coast

Guard does recognize this rule may even

have a positive effect on the

environment by minimizing the risk of

environmental harm resulting from

vessel groundings. A ‘‘Categorical

Exclusion Determination’’ is available in

the docket for inspection or copying

where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 164

Marine safety, Navigation.

For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR part 164 as follows:

PART 164—NAVIGATION SAFETY

REGULATIONS

1. The Authority citation for part 164

continues to read as follows:

Authority: 33 U.S.C. 1223, 1231; 46 U.S.C.

2103, 3703; 49 CFR 1.46. Sec. 164.13 also

issued under 46 U.S.C. 8502. Sec. 164.61 also

issued under 46 U.S.C. 6101.

2. In § 164.01, revise paragraph (a),

and add paragraph (c) to read as follows:

§ 164.01 Applicability.

(a) This part (except as specifically

limited by this section) applies to each

self-propelled vessel of 1600 or more

gross tons (except as provided in

paragraph (c) of this section, or for

foreign vessels described in § 164.02)

when it is operating in the navigable

waters of the United States except the

St. Lawrence Seaway.

(b) * * *

(c) Provisions of §§ 164.11(a)(2) and

(c), 164.30, and 164.33 do not apply to

warships or other vessels owned, leased,

or operated by the United States

Government and used only in

government noncommercial service

when these vessels are equipped with

electronic navigation systems that have

met the applicable agency regulations

regarding navigation safety.

Dated: January 19, 2001.

R.C. North,

Rear Admiral, U.S. Coast Guard, Assistant

Commandant for Marine Safety and

Environmental Protection.

[FR Doc. 01–10834 Filed 5–1–01; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Diego 01–006]

RIN 2115–AA97

Security Zone; San Diego Bay

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary security zone