Federal Register / Vol. 66, No. 98 / Monday, May 21, 2001 / Rules and Regulations 27867

rulemaking. No changes will be made to

the final rule.

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.

This determination is based on the fact

that this rule will not eliminate bridge

openings for any vessels, but would

only require vessels to pass Franklin

Street bridge during scheduled periods

throughout the peak navigation season

(March 16 to November 30). The bridges

will still open between December 1 and

March 15 if 12-hour advance notice is

provided.

Small Entities

Under the Regulatory Flexibility Act

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

must consider whether this rule will

have a significant impact on a

substantial number of small entities.

‘‘Small entities’’ may include small

businesses and 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 people.

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 conclusion is based on the low

number of small entities identified in

the preliminary stages of this

rulemaking, and the relatively minor

restrictions placed on vessels desiring

openings of the bridges.

Collection of Information

This rule calls for no new collection

of information requirement under the

Paperwork Reduction Act (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 determined that this rule does not

have federalism implications 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 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 Executive

Order 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 Executive

Order 12988, Civil Justice Reform, to

minimize litigation, eliminate

ambiguity, and reduce burden.

Protection of Children

We have analyzed this 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

The Coast Guard considered the

environmental impact of this rule and

concluded that, under figure 2–1,

paragraph 32(e) of Commandant

Instruction M16475.lC, this rule is

categorically excluded from further

environmental documentation. This rule

changes a drawbridge regulation which

has been found not to have a significant

effect on the environment. A

‘‘Categorical Exclusion Determination’’

is not required.

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 117

Bridges.

For reasons set out in the preamble,

the Coast Guard amends Part 117 of

Title 33, Code of Federal Regulations, as

follows:

PART 117—DRAWBRIDGE

OPERATION REGULATIONS

1. The authority citation for Part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05–1(g); section 117.255 also issued

under the authority of Pub. L. 102–587, 106

Stat. 5039.

2. Revise § 117.401 to read as follows:

§ 117.401 Trail Creek.

(a) The draw of the Franklin Street

bridge, mile 0.5 at Michigan City, shall

be operated as follows:

(1) From March 16 through November

30, the draw shall open on signal;

except from 6:15 a.m. to 11:15 p.m.,

Monday through Sunday, the draw need

open only from three minutes before to

three minutes after the quarter-hour and

three-quarter hour.

(2) From December 1 through March

15, the draw shall open on signal if at

least 12-hours advance notice is

provided prior to intended time of

passage.

(b) The draw of the Amtrak bridge,

mile 0.9 at Michigan City, shall open on

signal; except, from December 1 through

March 15, the bridge shall open on

signal if at least 12-hours advance notice

is provided prior to intended time of

passage.

(c) Public vessels of the United States,

state or local vessels used for public

safety, vessels in distress, and vessels

seeking shelter from severe weather

shall be passed through the draws of

each bridge as soon as possible.

Dated: May 7, 2001.

James D. Hull,

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

Ninth Coast Guard District.

[FR Doc. 01–12720 Filed 5–18–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD09–01–001]

RIN 2115–AE47

Drawbridge Operation Regulations;

Manitowoc River, WI

AGENCY: Coast Guard, DOT.

ACTION: Direct final rule; confirmation of

effective date.

27868 Federal Register / Vol. 66, No. 98 / Monday, May 21, 2001 / Rules and Regulations

SUMMARY: On March 6, 2001, we

published a direct final rule (66 FR

13433). This direct final rule notified

the public of our intent to revise the

operating regulations governing the

Eighth Street bridge (mile 0.29), Tenth

Street bridge (mile 0.43), and the

Wisconsin Central (formerly Soo Line)

bridge (mile 0.91), on the Manitowoc

River. The direct final rule reestablished the schedule published in

1983 that was erroneously removed by

another rule in 1984. We have not

received an adverse comment or notice

of intent to submit adverse comment on

this rule. Therefore, this rule will go

into effect as scheduled.

DATES: The effective date of the direct

final rule is confirmed as June 4, 2001.

FOR FURTHER INFORMATION CONTACT: Mr.

Scot M. Striffler, Project Manager, Ninth

Coast Guard District (obr), at (216) 902–

6084.

Dated: May 7, 2001.

James D. Hull,

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

Ninth Coast Guard District.

[FR Doc. 01–12722 Filed 5–18–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09–01–002]

RIN 2115–AA97

Safety Zone: Captain of the Port

Detroit Zone

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard will

establish safety zones for annual

fireworks displays located in the

Captain of the Port Detroit Zone. This

action will provide for the safety of life

and property on navigable waters during

each event. This action will restrict

vessel traffic in a portion of the Captain

of the Port Detroit Zone.

DATES: This rule is effective on May 28,

2001.

ADDRESSES: Comments and material

received from the public, as well as

documents indicated in this preamble as

being available in the docket, are part of

docket CGD09–01–002 and are available

for inspection or copying at, U.S. Coast

Guard Marine Safety Office Detroit, 110

Mt. Elliott Avenue, Detroit, MI 48207

between 8 a.m. and 4 p.m., Monday

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Ensign Brandon Sullivan, U.S. Coast

Guard Marine Safety Office Detroit, 110

Mt. Elliott Ave., Detroit, MI 48207, (313)

568–9580.

SUPPLEMENTARY INFORMATION:

Regulatory Information

On April 4, 2001, we published a

notice of proposed rulemaking (NPRM)

entitled ‘‘Safety Zone: Captain of the

Port Detroit Zone’’, in the Federal

Register (66 FR 17829). We received no

letters commenting on the proposed

rule. No public hearing was requested

and none was held.

Under 5 U.S.C 553(d)(3), the Coast

Guard finds that good cause exists for

making this rule effective less than 30

days after publication in the Federal

Register. The events listed in this rule

have been regularly held on an annual

basis with widespread public

participation. The Coast Guard has not

received any complaints or negative

comments previously with regard to

these events. Delaying the effective date

would be contrary to public interest

because events being held in early June

would be without an enforceable zone,

thus placing the safety and property of

spectators at unnecessary risk.

Background and Purpose

The Coast Guard is establishing 23

permanent safety zones that will be

activated for fireworks displays

occurring annually at the same location.

The 23 locations are New Baltimore City

Park, Lake St. Clair—Anchor Bay; 1000

yards east of Jefferson Beach Marina,

Lake St. Clair; Ford’s Cove, Lake St.

Clair; the Brownstown Wave Pool, Lake

Erie; St. Clair City Park, St. Clair River;

DNR Boat Launch at the mouth of the

Ausable River; Port Austin Breakwall,

Lake Huron; breakwall between Oak &

Van Alstyne St., Detroit River; 300 yards

east of Grosse Pointe Farms, Lake St.

Clair; Caseville breakwall, Saginaw

River; between Algonac and Russell

Island, St. Clair River—North Channel;

South Harbor Breakwall, Lake Huron;

1000 yards east of Veterans Memorial

Park, St. Clair Shores, Lake St. Clair;

anchored 300 yards east of 223 Huron

Ave: Black River; anchored 400 yards

east of the Grosse Pointe Yacht Club

seawall, Lake St. Clair; 300 yards east of

the breakwall at Lexington, Lake Huron;

anchored at the northern end of Mud

Island, Ecorse Channel; Grosse Ile Yacht

Club deck, Detroit River; anchored 200

yards east of Trenton, Trenton Channel;

anchored 400 yards east of Belle Maer

Harbor, Lake St. Clair—Anchor Bay;

Tawas City Pier, Lake Huron; anchored

500 yards east of Marine City, St. Clair

River; 600 yards off Jefferson Beach

Marina, Lake St. Clair.

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 300 yard radius of the

fireworks launch platforms will help

ensure the safety of persons and

property at these events and help

minimize the associated risk.

Discussion of Comments and Changes

MSO Detroit received no comments or

related information pertaining to this

rulemaking.

Regulatory Evaluation

This rule is not a ‘‘significant

regulatory action’’ under section 3(f) of

Executive Order 12866, Regulatory

Planning and Review, 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).

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we have 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 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 these

small entities for the following reasons:

The safety zone is only in effect for a