Federal Register / Vol. 66, No. 86 / Thursday, May 3, 2001 / Rules and Regulations 22121

exercising its limited criminal

misdemeanor jurisdiction over Indians

within the exterior boundaries of the

Santa Fe Indian School, New Mexico.

National Environmental Policy Act

We have analyzed this rule in

accordance with the criteria of the

National Environmental Policy Act and

516 DM. This rule does not constitute a

major Federal action significantly

affecting the quality of the human

environment. An environmental impact

statement/assessment is not required.

The establishment of this Court of

Indian Offenses conveys personal

jurisdiction over the criminal

misdemeanor actions of Indians with

the exterior boundaries of the Santa Fe

Indian School and does not have any

impact of the environment.

Government-to-Government

Relationship With Tribes

In accordance with the President’s

memorandum of April 29, 1994,

‘‘Government-to-Government Relations

with Native American Tribal

Governments’’ (59 FR 22951) and 512

DM 2, we have evaluated potential

effects on federally recognized Indian

tribes and have determined that there

are no potential effects. The amendment

to 25 CFR part 11.100(a) does not apply

to any of the 558 federally recognized

tribes, except the 19 Pueblos in New

Mexico that have requested the

establishment of the provisional Court

of Indian Offences until they establish a

tribal court to provide for a law and

order code and judicial system to deal

with law and order on the trust land at

Santa Fe Indian School. The Department

of the Interior, in establishing this

provisional court, is fulfilling its trust

responsibility and complying with the

unique government-to-government

relationship that exists between the

Federal Government and Indian tribes.

List of Subjects in 25 CFR Part 11

Courts, Indians-Law, Law

enforcement, Penalties.

For the reasons stated in the

preamble, we are amending part 11,

chapter I of title 25 of the Code of

Federal Regulations, as set forth below.

This amendment is effective from May

3, 2001 to May 1, 2002.

PART 11—LAW AND ORDER ON

INDIAN RESERVATIONS

1. The authority citation for part 11

continues to read as follows:

Authority: R.S. 463; 25 U.S.C. 2, 38 Stat.

586; 25 U.S.C. 200, unless otherwise noted.

2. Section 11.100 is amended by

adding new paragraph (a)(14) to read as

follows:

§ 11.100 Listing of Courts of Indian

Offenses.

(a) * * *

(14) Santa Fe Indian School Property,

including the Santa Fe Indian Health

Hospital (land in trust for the 19

Pueblos of New Mexico).

* * * * *

Dated: April 27, 2001.

James H. McDivitt,

Deputy Assistant Secretary—Indian Affairs

(Management).

[FR Doc. 01–11086 Filed 5–2–01; 8:45 am]

BILLING CODE 4310–02–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD07–01–033]

RIN 2115—AA97

Security Zone; Vicinity of Atlantic Fleet

Weapons Training Facility, Vieques,

PR and Adjacent Territorial Sea

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: At the request of the U.S.

Navy, the Coast Guard is establishing a

temporary security zone covering the

area of territorial sea and land adjacent

to the bombing and gunnery range

(Impact Area) at the naval installation

on the eastern end of Vieques Island,

Puerto Rico. The security zone is

needed to protect the bombing and

gunnery range, and adjacent land and

waters at the Navy’s Atlantic Fleet

Weapons Training Facility on Vieques

Island, PR, to ensure against

destruction, injury, or loss of

uninterrupted use. Only authorized

vessels are permitted to enter or remain

within the security zone.

DATES: This rule is effective from 3 p.m.,

April 26, 2001 until 11:59 p.m., April

30, 2001.

ADDRESSES: Documents indicated in this

preamble as being available in the

docket, are part of docket [CGD07–01–

033] and are available for inspection or

copying at the Seventh Coast Guard

District office, 909 S.E. First Avenue,

Room 918, Miami, FL, 33131, between

9 a.m. and 5 p.m., Monday through

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

LTJG Brian DeVries at (305) 415–6950.

SUPPLEMENTARY INFORMATION:

Regulatory Information

In order to protect the interests of

national security, and in accordance

with the Presidential Directive of Jan 31,

2000, the President has directed the

conduct of Navy Training at the Atlantic

Fleet Weapons Training Facility on

Vieques Island, PR. Immediate action is

needed to ensure the uninterrupted use

by the U.S. Navy of the Training Facility

on Vieques, including the adjacent land

and waters, and to protect that facility

from destruction or injury. The Coast

Guard is promulgating the security zone

regulations to prevent interference with

the conduct of the Navy’s exercises for

the duration of the security zone. As a

result, the enforcement of the security

zone is a function directly involved in,

and necessary to, the Navy training

exercise. Accordingly, based on the

military function exception set forth in

the Administrative Procedure Act, 5

U.S.C. 553(a)(1), notice and comment

rule-making and advance publication,

pursuant to 5 U.S.C. 553(b) and (d), are

not required for this regulation.

Even if the requirements of 5 U.S.C.

553 would otherwise be applicable, the

Coast Guard for good cause finds that,

under 5 U.S.C. 553(b)(B) and (d)(3),

notice and public comment on the rule

before the effective date of the rule and

advance publication are impracticable

and contrary to the public interest.

There is an imminent need to use the

naval installation bombing and gunnery

range and the adjacent waters for

ongoing scheduled exercises by the

Navy which further the national

security interests of the United States.

Opportunity for notice and public

comment or advance publication of the

zone was impracticable since the Navy

did not request the establishment of the

zone until April 26, 2001. This

regulation is geographically and

temporally tailored to meet the needs of

national security with a minimal burden

on the public.

Background and Purpose

The Atlantic Fleet Weapons Training

Facility is located on the eastern end of

Vieques Island, PR. Use of this naval

installation is important to achieving

acceptable levels of military readiness

in accordance with established training

standards and requires training

exercises conducted with inert

ordnance. Such training exercises

cannot be safely or effectively

conducted if there are unauthorized

persons inside the training areas or if

the installation is damaged or personnel

are injured. The U.S. Army Corps of

Engineers has established a danger zone

in the vicinity of the bombing and

22122 Federal Register / Vol. 66, No. 86 / Thursday, May 3, 2001 / Rules and Regulations

gunnery target area, 33 CFR 334.1470,

that is in effect during these training

exercises. The Army Corps has also

established a restricted area off the coast

of the naval facility, 33 CFR 334.1480.

In order to further the interests of

national security, and in accordance

with the Presidential directive of

January 31, 2000, the President has

directed the conduct of Navy Training at

the Atlantic Fleet Weapons Training

Facility on Vieques Island, Puerto Rico.

During the current exercises, the

restricted area and danger zone have not

provided the degree of security required

for the naval facility. These operations

cannot be conducted if unauthorized

personnel or vessels are present inside

the security zone. Therefore, to ensure

against the destruction, injury or loss of

uninterrupted use of the naval

installation at Vieques, including the

adjacent land and waters, the Coast

Guard is establishing this security zone.

The Coast Guard previously

established a similar security zone (65

FR 25489) around the Atlantic Fleet

Weapons Training Facility, Vieques, PR.

Based on the Coast Guard’s experience

implementing that security zone and

discussions with the U.S. Navy, the

coordinates of the security zone being

implemented by this regulation have

been slightly modified. The coordinates

of the security zone being implemented

by this regulation have been altered so

that the zone no longer encompasses

commonly used transit paths between

Vieques, PR and traditional fishing

areas.

This security zone is established

pursuant to the authority of subpart D

of part 165 of Title 33 of the Code of

Federal Regulations and the Magnuson

Act regulations promulgated by the

President under 50 U.S.C. 191,

including subparts 6.01 and 6.04 of part

6 of Title 33 of the Code of Federal

Regulations. See E.O. 10173, as

amended. The security zone is needed

to protect the bombing and gunnery

range, and the adjacent facilities and

water, at Vieques Island, PR against

destruction, injury, or loss of

uninterrupted use. Pursuant to this

regulation, no vessel or person will be

allowed to enter or remain in the

security zone unless specifically

authorized to do so by the District

Commander or his designated

representatives. The District

Commander or his designated

representatives may grant permission

for a vessel to enter or remain within the

security zone when operations permit

and may condition that permission as

appropriate. As operations permit, all

efforts will be made to honor any

requests to enter.

Vessels or persons violating this

section are subject to the penalties set

forth in 50 U.S.C. 192 and 18 U.S.C.

3571: seizure and forfeiture of the

vessel, a monetary penalty of not more

than $250,000, and imprisonment for

not more than 10 years.

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, l979).

Although the security zone covers an

area out to three miles from shore, the

zone will be in effect for a limited

amount of time. The vessel traffic in the

area normally consists of a small

number of commercial fishing vessels

and other vessels transiting the area.

These vessels are not allowed to enter

or transit the zone during these training

exercises under existing Army Corps of

Engineer regulations (33 CFR 334.1470

and 33 CFR 334.1480). These vessels

can redirect their transit around the

zone with only minor delays in time

and distance.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we 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

the vicinity of the Naval installation at

Vieques, PR and fishing vessels which

normally fish the area. These vessels are

not allowed to enter or transit the zone

during these training exercises under

existing Army Corps of Engineer

regulations (33 CFR 334.1470 and

334.1480). This security zone will not

have a significant economic impact on

a substantial number of these small

entities. Although the security zone will

cover an area out to three miles from

shore, the zone will be in effect only for

a limited amount of time.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

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

we will assist small entities in

understanding this rule and how it

affects them. Small entities may call the

person identified in FOR FURTHER

INFORMATION CONTACT.

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

We have analyzed this rule under

Executive Order 13132 and have

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 unfunded mandate

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 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

We have 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 concern an

environmental risk to health or risk to

safety that may disproportionately affect

children.

Environment

The Coast Guard anticipates this

temporary rule will be categorically

excluded from further environmental

Federal Register / Vol. 66, No. 86 / Thursday, May 3, 2001 / Rules and Regulations 22123

documentation under figure 2–1,

paragraph 34(g) of Commandant

Instruction M16475.lC. The

environmental analysis checklist and

Categorical Exclusion Determination

will be prepared and submitted after

establishment of this temporary security

zone, and will be available in the

docket. This temporary rule only

ensures the protection of Naval assets

and the uninterrupted use of the area for

scheduled Naval operations. Standard

Coast Guard manatee and turtle watch

measures will be in effect during Coast

Guard patrols of the security zone.

Deep-water routes will be used where

practical. Lookouts will be posted to

avoid collision with turtles and

manatees. If a collision occurs,

notification will be made to the U.S.

Fish & Wildlife Service at Boqueron,

Puerto Rico (787–851–7297). The

Categorical Exclusion Determination

will be available in the docket for

inspection or copying where indicated

under ADDRESSES.

Indian Tribal Governments

This rule does not have tribal

implications under Executive Order

13175, Consultation and Coordination

with Indian Tribal Governments,

because it does not have 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.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and record keeping

requirements, Security measures,

Waterways.

Temporary regulation: For the reasons

discussed in the preamble, the Coast

Guard amends 33 CFR part 165 as

follows:

PART 165—[AMENDED]

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. A new temporary § 165.T07–033 is

added to read as follows:

§ 165.T07–033 Security Zone; Vieques

Island, PR.

(a) Location. The following area is

established as a Security Zone: An area

of water and land measured from the

mean high water line off the naval

reservation, along the east end of

Vieques Island extending from Cabellos

Colorados (18°-09.82′ N, 065°-23.45′ W)

due northeast 4 nautical miles to

position 18°-12.0′ N, 065°-20.0′ W, then

easterly around Vieques Island,

remaining 3 nautical miles from the

coast, to a point 3 nautical miles south

of Cayo Jalovita (18°-06.83′ N, 065°-

21.25′ W ) at 18°-03.6′ N, 065°20.33′ W

then northwest to a baseline position of

18°-05.42′ N, 065°-26.0′ W at Puerto

Mosquito, including the rocks, cays, and

small islands within.

(b) Regulations. (1) In accordance

with the general regulations in § 165.33

of this part:

(i) No person or vessel may enter or

remain in this zone without the

permission of the District Commander

or designated representatives,

(ii) All persons within this zone shall

obey any direction or order of the

District Commander or designated

representatives,

(iii) The District Commander or

designated representatives may take

possession and control of any vessel in

this zone,

(iv) The District Commander or

designated representatives may remove

any person, vessel, article or thing from

this zone,

(v) No person may board, or take or

place any article or thing on board, any

vessel in this zone without the

permission of the District Commander

or designated representatives; and,

(vi) No person may take or place any

article or thing upon any waterfront

facility in this security zone without the

permission of the District Commander

or designated representatives.

(2) The District Commander or

designated representatives may grant

permission for individual vessels to

enter or remain within this security

zone when permitted by operational

conditions and may place conditions

upon that permission. Vessels permitted

to enter or remain in this zone must

radio the patrol commander upon

entering and departing the zone.

(c) Enforcement. Vessels or persons

violating this section are subject to the

penalties set out in 50 U.S.C. 192 and

18 U.S.C. 3571:

(1) Seizure and forfeiture of the

vessel;

(2) A monetary penalty of not more

than $250,000; and

(3) Imprisonment for not more than 10

years.

(d) Dates. This section is effective

from 3 p.m., April 26, 2001 until 11:59

p.m. April 30, 2001.

(e) Authority. In addition to the

authority in part 165, this section is also

authorized under authority of Executive

Order 10173, as amended.

Dated: April 26, 2001.

G.W. Sutton,

Captain, U.S. Coast Guard, Commander,

Seventh Coast Guard District Acting.

[FR Doc. 01–11153 Filed 5–2–01; 8:45 am]

BILLING CODE 4910–15–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[PA143–4115a; FRL–6973–4]

Approval and Promulgation of Air

Quality Implementation Plans;

Commonwealth of Pennsylvania;

Reasonably Available Control

Technology Requirements for Volatile

Organic Compounds and Nitrogen

Oxides

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is removing the

conditional status of its approval of the

Commonwealth of Pennsylvania State

Implementation Plan (SIP) revision that

requires all major sources of volatile

organic compounds (VOCs) and

nitrogen oxides (NOX) to implement

reasonably available control technology

(RACT). Pennsylvania has satisfied the

condition imposed in EPA’s conditional

limited approval published on March

23, 1998 (63 FR 13789). The intended

effect of this action is to remove the

conditional nature of EPA’s approval of

Pennsylvania’s VOC and NOX RACT

Regulation. The regulation retains its

limited approval status. Conversion of

the Pennsylvania VOC and NOX RACT

Regulation from limited to full approval

will occur when EPA has approved the

case-by-case RACT determinations

submitted by Pennsylvania.

DATES: This rule is effective on June 18,

2001 without further notice, unless EPA

receives adverse written comment by

June 4, 2001. If EPA receives such

comments, it will publish a timely

withdrawal of the direct final rule in the

Federal Register and inform the public

that the rule will not take effect.

ADDRESSES: Written comments should

be mailed to David L. Arnold, Chief, Air

Quality Planning and Information

Services Branch, Mailcode 3AP21, U.S.

Environmental Protection Agency,

Region III, 1650 Arch Street,

Philadelphia, Pennsylvania 19103.

Copies of the documents relevant to this

action are available for public

inspection during normal business

hours at the Air Protection Division,

U.S. Environmental Protection Agency,