28374 Federal Register / Vol. 66, No. 100 / Wednesday, May 23, 2001 / Rules and Regulations

(3) All persons and vessels shall

comply with the instructions of the

COTP, the designated on-scene U.S.

Coast Guard or Navy patrol personnel.

U.S. Coast Guard patrol personnel

include commissioned, warrant, and

petty officers of the U.S. Coast Guard.

Navy patrol personnel include

commissioned, warrant, and petty

officers of the U.S. Navy.

(4) The general regulations covering

safety and security zones in §§ 165.23

and 165.33, respectively, of this part

apply.

Dated: May 10, 2001.

Mark G. VanHaverbeke,

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

Port.

[FR Doc. 01–12977 Filed 5–22–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09–01–026]

RIN 2115–AA97

Safety Zone: Chicago Harbor, Chicago,

IL

AGENCY: Coast Guard, DOT.

ACTION: Temporary Final Rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

the WXRT fireworks display taking

place in the Chicago Harbor over

Memorial Day weekend. The safety zone

is necessary for the protection and

safety of passengers and vessels during

the fireworks display. The safety zone is

intended to restrict vessel traffic from an

area of the Chicago Harbor and, in

particular, the Monroe Street Harbor

area. During this event, vessels will be

unable to enter or exit the Monroe Street

Harbor.

DATES: This temporary final rule is

effective from 9 p.m. until 10 p.m. on

May 26, 2001 and May 27, 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 CGD09–01–026 and are available

for inspection or copying at: U.S. Coast

Guard Marine Safety Office Chicago,

215 W. 83rd Street, Suite D, Burr Ridge,

Illinois and are available for inspection

or copying between 9:30 a.m. and 4

p.m., Monday through Friday, except

Federal holidays.

FOR FURTHER INFORMATION CONTACT:

MST2 Mike Hogan, U.S. Coast Guard

Marine Safety Office Chicago, 215 W.

83rd Street, Burr Ridge, Illinois 60521.

The telephone number is (630) 986–

2175.

SUPPLEMENTARY INFORMATION:

Regulatory Information

We did not publish a notice of

proposed rulemaking (NPRM) for this

regulation. Under 5 U.S.C. 553(b)(B), the

Coast Guard finds that good cause exists

for not publishing an NPRM, and under

5 U.S.C. 553(d)(3), good cause exists for

making this rule effective less than 30

days after publication in the Federal

Register. The permit application was

not received in time to publish an

NPRM followed by a final rule before

the necessary effective date. Delaying

this rule would be contrary to the public

interest of ensuring the safety of

spectators and vessels during this event

and immediate action is necessary to

prevent possible loss of life or property.

The Coast Guard has not received any

complaints or negative comments

previously with regard to this event.

Background and Purpose

A temporary safety zone is necessary

to ensure the safety of vessels and

spectators from the hazards associated

with fireworks displays. Based on recent

accidents that have occurred in other

Captain of the Port zones, and the

explosive hazard of fireworks, the

Captain of the Port Chicago has

determined firework launches in close

proximity to watercraft pose significant

risks to public safety and property. The

likely combination of large numbers of

recreational vessels, 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 around the location of

the launch platforms will help ensure

the safety of person and property at

these events and help minimize the

associated risk.

The safety zone will encompass the

waters of the Chicago Harbor bounded

by the following positions: starting at

41°52.43 N, 087°36.43 W, thence East to

41°52.43 N, 087°36.16 W, thence South

to 41°52.28 N, 087°36.16 W, thence

West to 41°52.28 N, 087°36.43 W,

thence North back to the first position.

This area includes a portion of the

Monroe Street Harbor including the

Grant Park anchorage areas (33 CFR

110.83), the entrance to the Monroe

Street Harbor, as well as a portion

outside the breakwall for the Monroe

Street Harbor.

All persons and vessels shall comply

with the instructions of the Coast Guard

Captain of the Port or the designated on

scene patrol personnel. Entry into,

transiting, or anchoring within the

safety zone is prohibited unless

authorized by the Captain of the Port

Chicago or his designated on scene

representative. The Captain of the Port

or his designated on scene

representative may be contacted via

VHF Channel 16.

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 this rule 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). We

expect the economic impact of this rule

to be so minimal that a full Regulatory

Evaluation under paragraph 10(e) of the

regulatory policies and procedures of

DOT is unnecessary.

This determination is based on the

minimal time that vessels will be

restricted from the zone, and the zone

is in an area where the Coast Guard

expects insignificant adverse impact to

mariners from the zones’ activation.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we have considered

whether this rule would have a

significant 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 would not

have a significant economic impact on

a substantial number of small entities.

This rule would 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.

This safety zone will not have a

significant economic impact on a

substantial number of small entities for

the following reasons: The zone is only

in effect for few hours on the day of the

event. Vessel traffic can safely pass

outside the safety zone during the event.

Traffic may be allowed to pass through

the safety zone under Coast Guard

escort with the permission of the

Captain of the Port Chicago. Before the

effective period, we will issue maritime

advisories widely available to users of

Federal Register / Vol. 66, No. 100 / Wednesday, May 23, 2001 / Rules and Regulations 28375

the Port of Chicago by the Ninth Coast

Guard District Local Notice to Mariners,

Marine information broadcasts, and

facsimile broadcasts may also be made.

Additionally, the Coast Guard has not

received any negative reports from small

entities affected during this display in

previous years.

If you think that your business,

organization, or governmental

jurisdiction qualifies as a small entity

and that this rule would have a

significant economic impact on it,

please submit a comment (see

ADDRESSES) explaining why you think it

qualifies and how and to what degree

this rule would economically affect it.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Public Law 104–

121), we want to assist small entities in

understanding this rule so that they can

better evaluate its effects and participate

in the rulemaking process. If the rule

would affect your small business,

organization, or governmental

jurisdiction and you have questions

concerning its provisions or options for

compliance, please contact Marine

Safety Office Chicago (see ADDRESSES.)

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).

Collection of Information

This rule would call 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 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 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

The Coast Guard has 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

We have considered the

environmental impact of this rule and

concluded that, under figure 2–1,

paragraph 32(g) of Commandant

Instruction M16475.1C, this rule is

categorically excluded from further

environmental documentation. A

written categorical exclusion

determination is 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.

For the reasons discussed in the

preamble, the Coast Guard amends 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 1.46.

2. A new temporary section 165.T09–

013 is added to read as follows:

§ 165.T09–013 Safety Zone: Chicago

Harbor, Chicago, Illinois.

(a) Location. The safety zone will

encompass the waters of the Chicago

Harbor, including a portion of the

Monroe Street Harbor and the entrance

to the Monroe Street Harbor, bounded

by the following positions: starting at

41°52.43 N, 087°36.43 W, thence East to

41°52.43 N, 087°36.16 W, thence South

to 41°52.28 N, 087°36.16 W, thence

West to 41°52.28 N, 087°36.43 W,

thence North back to the first position.

(b) Effective time and date. This

section is effective from 9 p.m. (local

time) until 10 p.m. (local time) on May

26, 2001. In the event the fireworks

display is cancelled due to inclement

weather, this section is effective during

these same times on May 27, 2001. The

Coast Guard Captain of the Port,

Chicago, and the designated Patrol

Commander have the authority to

terminate this event at any time. The

designated on scene Patrol Commander

may be contacted via VHF Channel 16.

(c) Regulations. In accordance with

the general regulations in 165.23 of this

part, entry into this zone is prohibited

unless authorized by the Coast Guard

Captain of the Port Chicago, or his

designated on scene representative.

Dated: May 11, 2001.

R.E. Seebald,

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

Port Chicago.

[FR Doc. 01–12978 Filed 5–22–01; 8:45 am]

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 62

[WV–042–6011a ; FRL–6983–6]

Approval and Promulgation of State

Plans for Designated Facilities and

Pollutants; State of West Virginia;

Control of Emissions from Existing

Municipal Solid Waste Landfills

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: This action approves the

municipal solid waste (MSW) landfill