22118 Federal Register / Vol. 66, No. 86 / Thursday, May 3, 2001 / Rules and Regulations

Dated: April 23, 2001.

Linda Tollefson,

Deputy Director, Center for Veterinary

Medicine.

[FR Doc. 01–11070 Filed 5–2–01; 8:45 am]

BILLING CODE 4160–01–S

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 510, 522, and 558

Animal Drugs, Feeds, and Related

Products; Technical Amendments

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule; technical

amendment.

SUMMARY: The Food and Drug

Administration (FDA) is updating the

animal drug regulations to reflect

changes to previously approved new

animal drug applications (NADAs).

Several sponsors currently listed as

sponsors of approved applications and

specified in the animal drug approval

regulations are incorrect. This action is

being taken to improve the accuracy of

the regulations.

DATES: This rule is effective May 3,

2001.

FOR FURTHER INFORMATION CONTACT:

George K. Haibel, Center for Veterinary

Medicine (HFV–6), Food and Drug

Administration, 7519 Standish Pl.,

Rockville, MD 20855, 301–827–4567.

SUPPLEMENTARY INFORMATION: FDA has

found several errors in the agency’s

regulations concerning approval of

animal drugs, feeds, and related

products including the list of sponsors

of approved applications. To correct

those errors, FDA is amending 21 CFR

510.600(c)(1) and (c)(2) to remove 28

sponsor names and their corresponding

drug labeler codes (DLCs) because the

firms are no longer the holders of any

approved NADAs. This document is

also amending the animal drug approval

regulations by correcting nonsubstantive

DLC errors in 21 CFR 522.2120, 558.274,

558.625, and 558.630.

Publication of this document

constitutes final action on these changes

under the Administrative Procedure Act

(5 U.S.C. 553). Notice and public

procedure are unnecessary because FDA

is merely correcting nonsubstantive

errors.

This 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

21 CFR Part 510

Administrative practice and

procedure, Animal drugs, Labeling,

Reporting and recordkeeping

requirements.

21 CFR Part 522

Animal drugs.

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 parts 510, 522, and 558 are

amended as follows:

PART 510—NEW ANIMAL DRUGS

1. The authority citation for 21 CFR

part 510 continues to read as follows:

Authority: 21 U.S.C. 321, 331, 351, 352,

353, 360b, 371, 379e.

§ 510.600 [Amended]

2. Section 510.600 Names, addresses,

and drug labeler codes of sponsors of

approved applications is amended in

the table in paragraph (c)(1) by

removing the entries for ‘‘Albion

Laboratories, Inc.’’, ‘‘Balfour Guthrie &

Co.’’, ‘‘Diamond Shamrock Corp.’’,

‘‘DuPont Merck Pharmaceutical Co.’’,

‘‘Farmers Feed & Supply Co.’’,

‘‘Franklin Laboratories, Inc.’’, ‘‘Gland-OLac Co.’’, ‘‘Michael Gordon, Inc.’’,

‘‘Henwood Feed Additives’’, ‘‘Heska

Corp.’’, ‘‘Hubbard Milling Co.’’,

‘‘Lemmon Co.’’, ‘‘Mattox & Moore, Inc.’’,

‘‘McClellan Laboratories, Inc.’’, ‘‘Nixon

and Co.’’, ‘‘Osborn Laboratories, Inc.’’,

‘‘Peter Hand Foundation’’, ‘‘Premier

Malt Products, Inc.’’, ‘‘Protein Blenders,

Inc.’’, ‘‘The Rath Packing Co.’’, ‘‘Rhone

Merieux Canada, Inc.’’, ‘‘Shell Chemical

Co.’’, ‘‘Square Deal Fortification Co.’’,

‘‘Sterling Winthrop, Inc.’’, ‘‘Syntex

Animal Health, Inc.’’, ‘‘V.P.O., Inc.’’,

‘‘Vet-A-Mix, Inc.’’, and ‘‘Westchester

Veterinary Products, Inc.’’, and in the

table in paragraph (c)(2) by removing

the entries for ‘‘000033, 000056, 000693,

000934, 010290, 010290, 011461,

011485, 011789, 012190, 012487,

025001 026186, 027863, 028260,

032707, 033999, 036108, 043728,

043729, 043732, 043735, 043737,

043738, 043743, 043744, 047015,

049047, and 063604’’.

PART 522—IMPLANTATION OR

INJECTABLE DOSAGE FORM NEW

ANIMAL DRUGS

3. The authority citation for 21 CFR

part 522 continues to read as follows:

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

§ 522.2120 [Amended]

4. Section 522.2120 Spectinomycin

dihydrochloride injection is amended in

paragraph (b) by removing ‘‘Nos. 000033

and 059130’’ and adding in its place

‘‘No. 059130’’.

PART 558—NEW ANIMAL DRUGS FOR

USE IN ANIMAL FEEDS

5. The authority citation for 21 CFR

part 558 continues to read as follows:

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

§ 558.274 [Amended]

6. Section 558.274 Hygromycin B is

amended by removing and reserving

paragraph (a)(5); by removing ‘‘011790

and’’ in paragraph (a)(7); and by

removing ‘‘026186,’’ from the ‘‘Sponsor’’

column in the table in paragraphs

(c)(1)(i) and (c)(1)(ii).

§ 558.625 [Amended]

7. Section 558.625 Tylosin is

amended by removing and reserving

paragraphs (b)(16), (b)(19), and (b)(34),

and in paragraph (b)(79) by removing

‘‘012286’’ and adding in its place

‘‘017519’’.

§ 558.630 [Amended]

8. Section 558.630 Tylosin and

sulfamethazine is amended in

paragraph (b)(8) by removing ‘‘,

026186’’.

Dated: April 23, 2001.

Linda Tollefson,

Deputy Director, Center for Veterinary

Medicine.

[FR Doc. 01–11158 Filed 5–2–01; 8:45 am]

BILLING CODE 4160–01–S

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 11

RIN 1076–AE15

Law and Order on Indian Reservations

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Temporary final rule and

request for comments.

SUMMARY: The Bureau of Indian Affairs

(BIA) is amending its regulations

contained in 25 CFR Part 11 to add the

Federal Register / Vol. 66, No. 86 / Thursday, May 3, 2001 / Rules and Regulations 22119

Santa Fe Indian School property

(Southwest Region, New Mexico) to the

listing of courts of Indian offenses. This

amendment will establish a Court of

Indian Offenses for a period not to

exceed one year. It is necessary to

establish a Court of Indian Offenses

with jurisdiction over the Santa Fe

Indian School property in order to

protect lives and property.

DATES: Effective Date: This rule is

effective on May 3, 2001 and expires on

May 1, 2002.

Comments Date: Comments must be

received on or before July 2, 2001.

ADDRESSES: Send comments on this rule

to Ralph Gonzales, Office of Tribal

Services, Bureau of Indian Affairs, 1849

C Street NW., MS 4660, Washington, DC

20240.

FOR FURTHER INFORMATION CONTACT: Iris

A. Drew, Tribal Government Officer,

Southwest Regional Office, Bureau of

Indian Affairs, 615 First Street NW.,

Albuquerque, NM 87125–6567, at (505)

346–7592; or Ralph Gonzales, Branch of

Judicial Services, Office of Tribal

Services, Bureau of Indian Affairs, 1849

C Street NW., MS 4660 Washington, DC

20240, at (202) 208–4401.

SUPPLEMENTARY INFORMATION: The

authority to issue this rule is vested in

the Secretary of the Interior by 5 U.S.C.

301 and 25 U.S.C. 2 and 9; and 25

U.S.C. 13, which authorizes

appropriations for ‘‘Indian judges.’’ See

Tillett v. Hodel, 730 F.Supp. 381 (W.D.

Okla. 1990), aff’d 931 F.2d 636 (10th

Cir. 1991) United States v. Clapox, 13

Sawy. 349, 35 F. 575 (D.Ore. 1888). This

rule is published in exercise of the

rulemaking authority delegated by the

Secretary of the Interior to the Assistant

Secretary—Indian Affairs.

On December 27, 2000, Congress

passed the Omnibus Indian

Advancement Act of 2000, Public Law

106–568, 114 Stat. 2868. Section 823(a)

of that Act places the Santa Fe Indian

School property and the Indian Hospital

in ‘‘trust for the benefit of the 19

Pueblos of New Mexico,’’ which

establishes federal Indian criminal

jurisdiction over the Santa Fe Indian

School and Indian Hospital grounds to

wit:

In general—The land described in this

subsection is the tract of land, located in the

city and county of Santa Fe, New Mexico,

upon which the Santa Fe Indian School is

located and more particularly described as all

that certain real property, excluding the

tracts described in paragraph (2), as shown in

the United Sates General Land Office Plat of

the United States Indian School Tract dated

March 19, 1937, and recorded at Book 363,

Page 024, Office of the Clerk, Santa Fe

County, New Mexico, containing a total

acreage of 131.43 acres, more or less.

(2) Exclusions—The excluded tracts

described in this paragraph are all portions

of any tracts heretofore conveyed by the

deeds recorded in the Office of the Clerk,

Santa Fe County, New Mexico, at—

(A) Book 114, Page 106, containing 0.518

acres, more or less;

(B) Book 122, Page 45, containing 0.238

acres, more or less;

(C) Book 123, Page 228, containing 14.95,

more or less; and

(D) Book 130, Page 84, containing 0.227

acres, more or less,

leaving, as the net acreage to be included in

the land described in paragraph (1) and taken

into trust pursuant to subsection (a), a tract

containing 115.5 acres, more or less.

Limitations and Conditions—The land taken

into trust pursuant to subsection (a) shall

remain subject to—

(1) Any existing encumbrances, rights of

way, restrictions, or easements of record;

(2) The right of the Indian Health Service

to continue use and occupancy of 10.23 acres

of such land which are currently occupied by

the Santa Fe Indian Hospital and its parking

facilities as more fully described as Parcel

‘‘A’’ in legal description No. Pd–K–51–06–01

and recorded as Document No. 059–3–778,

Bureau of Indian Affairs Land Title &

Records Office, Albuquerque, New Mexico;

and

(3) The right of the United States to use,

without cost, additional portions of land

transferred pursuant to this section, which

are contiguous to the land described in

paragraph (2), for purposes of the Indian

Health Service.

Id. at §§ 823(b)–(c).

A provisional Court of Indian

Offenses must be established for the

Santa Fe Indian School and Indian

Hospital to protect the lives, persons,

and property of people residing at and

attending or visiting the school and

hospital, until the 19 Pueblos establish

a tribal court or otherwise request a CFR

Court to exercise criminal jurisdiction.

This court shall function for a period

not to exceed one year. Judges of the

Court of Indian Offenses shall be

authorized to exercise all the authority

provided under 25 CFR part 11

including: Subpart D—Criminal

Offenses; Subpart H—Appellate

Proceedings; Subpart J—Juvenile

Offender Procedure; issuance of arrest

and search warrants pursuant to 25 CFR

11.302 and 11.305 and the Indian Law

Enforcement Reform Act, 25 U.S.C.

2803(2) (1998). BIA officials had already

begun to set up a provisional Court of

Indian Offenses pursuant to 25 CFR

11.100(a) for the Southwest Region to

address this law enforcement need. This

final rule is intended to establish a

provisional Court of Indian Offenses.

This court will not be exercising the

following authority under 25 CFR part

11: Subpart E—Civil Actions; Subpart

F—Domestic Relations; Subpart G—

Probate Proceedings; Subpart I—

Children’s Court; and Subpart K—

Minor-in-Need-of-Care Procedure.

Determination To Issue a Final Rule

The Department has determined that

the public notice and comment

provisions of the Administrative

Procedure Act, 5 U.S.C. 553(b), do not

apply because of the good cause

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

which allows the agency to suspend the

notice and public procedure when the

agency finds for good cause that those

requirements are impractical,

unnecessary and contrary to the public

interest. This amendment will establish

a provisional Court of Indian Offenses

for the Santa Fe Indian School property

and Indian Hospital, New Mexico, that

was placed in trust for the benefit of the

19 Pueblos. If this provisional court is

not established, there is a potential risk

to public safety and a further risk of

significant financial liability to the

Federal Government from a lawsuit for

failure to execute diligently its trust

responsibility and provide adequate law

enforcement on trust land. Delaying this

rule to solicit public comment through

the proposed rulemaking process would

thus be contrary to the public interest.

Determination To Make Rule Effective

Immediately

We are making the rule effective on

the date of publication in the Federal

Register as allowed under the good

cause exception in 5 USC 553(d)(3).

Delaying the effective date of this rule

is unnecessary and contrary to the

public interest because there is a critical

need to expedite establishment of this

Court of Indian Offenses. There is now

a void in law enforcement at the Santa

Fe Indian School and Indian Hospital

and an increase in visitors to the

grounds of these facilities is imminent.

For these reasons, an immediate

effective date is in the public interest

and in the interest of the Pueblos.

Accordingly, this amendment is issued

as a final rule effective immediately.

We invite comments on any aspect of

this rule and we will revise the rule if

comments warrant. Send comments on

this rule to the address in the ADDRESSES

section.

Regulatory Planning and Review

(Executive Order 12866)

In accordance with the criteria in

Executive Order 12866, this rule is not

a significant regulatory action. OMB

makes the final determination under

Executive Order 12866.

a. This rule will not have an annual

economic effect of $100 million or

adversely affect an economic sector,

22120 Federal Register / Vol. 66, No. 86 / Thursday, May 3, 2001 / Rules and Regulations

productivity, jobs, the environment, or

other units of government. A costbenefit and economic analysis is not

required. The establishment of this

Court of Indian Offenses is estimated to

cost less than $200,000 annually to

operate. The cost associated with the

operation of this court will be shared

among the Office of Indian Education,

the Bureau of Indian Affairs, and Indian

Health Service.

b. This rule will not create

inconsistencies with other agencies’

actions. The Department of the Interior

through the Bureau of Indian Affairs has

the sole responsibility and authority to

establish Courts of Indian Offenses on

Indian reservations.

c. This rule will not materially affect

entitlements, grants, user fees, loan

programs, or the rights and obligations

of their recipients. The establishment of

this Court of Indian Offences will not

affect any program rights of the nineteen

Pueblos. Its primary function will be to

administer justice for misdemeanor

offenses within the Santa Fe Indian

School grounds. The court’s jurisdiction

will be limited to criminal offense

provided in 25 CFR part 11.

d. This rule will not raise novel legal

or policy issues. The Solicitor analyzed

and upheld the Department of the

Interior’s authority to establish Courts of

Indian Offenses in a memorandum

dated February 28, 1935. The Solicitor

found that authority to rest principally

in the statutes placing supervision of the

Indians in the Secretary of the Interior,

25 U.S.C. 2 and 9, and 25 U.S.C. 13,

which authorizes appropriations for

‘‘Indian judges.’’ The United States

Supreme Court recognized the authority

of the Secretary to promulgate

regulations with respect to Courts of

Indian Offenses in United States v.

Clapox, 35 F. 575 (D.Ore. 1888).

Regulatory Flexibility Act

The Department of the Interior, BIA,

certifies that this rule will not have a

significant economic effect on a

substantial number of small entities as

defined under the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.). An initial

Regulatory Flexibility Analysis is not

required. Accordingly, a Small Entity

Compliance Guide is not required. The

amendment to 25 CFR part 11.100(a)

will establish a Court of Indian Offences

with limited criminal jurisdiction over

Indians within a limited geographical

area at Santa Fe, New Mexico.

Accordingly, there will be no impact on

any small entities.

Small Business Regulatory Enforcement

Fairness Act

This rule is not a major rule under 5

U.S.C. 804(2), the Small Business

Regulatory Enforcement Fairness Act.

This rule:

a. Does not have an annual effect on

the economy of $100 million or more.

The establishment of this Court of

Indian Offenses is estimated to cost less

than $200,000 annually to operate. The

cost associated with the operation of

this court will be shared among the

Office of Indian Education, the Bureau

of Indian Affairs, and Indian Health

Service.

b. Will not cause a major increase in

costs or prices for consumers,

individual industries, Federal, State, or

local government agencies, or

geographic regions. This is a court

established specifically for the

administration of misdemeanor justice

for Indians located within the

boundaries of the Santa Fe Indian

School, New Mexico and will not have

any cost or price impact on any other

entities in the geographical region.

c. Does not have significant adverse

effects on competition, employment,

investment, productivity, innovation, or

the ability of U.S.-based enterprises to

compete with foreign-based enterprises.

This is a court established specifically

for the administration of misdemeanor

justice for Indians located within the

boundaries of the Santa Fe Indian

School, New Mexico, and will not have

an adverse impact on competition,

investment, productivity, innovation, or

the ability of U.S.-based enterprises to

compete with foreign-based enterprises.

Unfunded Mandates Reform Act

In accordance with the Unfunded

Mandates Reform Act (2 U.S.C. 1501 et

seq.):

a. This rule will not ‘‘significantly or

uniquely’’ affect small governments. A

Small Government Agency Plan is not

required. The establishment of this

Court of Indian Offences will not have

jurisdiction to affect any rights of the

small governments. Its primary function

will be to administer justice for

misdemeanor offenses within the Santa

Fe Indian School grounds. Its

jurisdiction will be limited to criminal

offense provided in 25 CFR part 11.

b. This rule will not produce a

Federal mandate of $100 million or

greater in any year; i.e., it is not a

‘‘significant regulatory action’’ under

the Unfunded Mandates Reform Act.

Takings Implication Assessment

(Executive Order 12630)

In accordance with Executive Order

12630, the rule does not have significant

takings implications. A takings

implication assessment is not required.

The amendment to 25 CFR part

11.100(a) will establish a Court of

Indian Offences with limited criminal

jurisdiction over Indians within a

limited geographical area at Santa Fe,

New Mexico. Accordingly, there will be

no jurisdictional basis for to adversely

affect any property interest because the

court’s jurisdiction is solely personal

jurisdiction over Indians.

Federalism (Executive Order 13132)

In accordance with Executive Order

13132, the rule does not have significant

Federalism effects. A Federalism

assessment is not required. The Solicitor

found that authority to rest principally

in the statutes placing supervision of the

Indians in the Secretary of the Interior,

25 U.S.C. 2 and 9; and 25 U.S.C. 13,

which authorizes appropriations for

‘‘Indian judges.’’ The United States

Supreme Court recognized the authority

of the Secretary to promulgate

regulations with respect to Courts of

Indian Offenses in United States v.

Clapox, 35 F. 575 (D.Ore. 1888).

Civil Justice Reform (Executive Order

12988)

In accordance with Executive Order

12988, the Office of the Solicitor has

determined that the rule does not

unduly burden the judicial system and

meets the requirements of sections 3(a)

and 3(b)(2) of the Order. The Solicitor

analyzed and upheld the Department of

the Interior’s authority to establish

Courts of Indian Offenses in a

memorandum dated February 28, 1935.

The Solicitor found that authority to rest

principally in the statutes placing

supervision of the Indians in the

Secretary of the Interior, 25 U.S.C. 2 and

9; and 25 U.S.C. 13, which authorizes

appropriations for ‘‘Indian judges.’’ The

United States Supreme Court recognized

the authority of the Secretary to

promulgate regulations with respect to

Courts of Indian Offenses in United

States v. Clapox, 35 F. 575 (D.Ore.

1888). Part 11 also requires the

establishment of an appeals court; hence

the judicial system defined in Executive

Order 12988 will not normally be

involved in this judicial process.

Paperwork Reduction Act

This regulation does not require an

information collection under the

Paperwork Reduction Act. The

information collection is not covered by

an existing OMB approval. An OMB

form 83–I has not been prepared and

has not been approved by the Office of

Policy Analysis. No information is being

collected as a result of this court

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