28372 Federal Register / Vol. 66, No. 100 / Wednesday, May 23, 2001 / Rules and Regulations

COTP QUARTERLY REPORT—Continued

COTP Docket Location Type Effective

Date

New Orleans 01–005 ............... LWR Mississippi River, M 95 to 96 .......................................... Safety Zone ............................. 02/26/2001

New Orleans 01–006 ............... LWR Mississippi River, M 94 to 96 .......................................... Safety Zone ............................. 03/11/2001

New Orleans 01–007 ............... LWR Mississippi River, M 94 to 96 .......................................... Safety Zone ............................. 03/15/2001

San Diego 01–001 ................... Lake Havasu, Colorado River, AZ ............................................ Safety Zone ............................. 03/03/2001

San Juan 01–006 ..................... Guayanilla, Puerto Rico ............................................................ Safety Zone ............................. 02/05/2001

Savannah 01–022 .................... Savannah, GA ........................................................................... Security Zone .......................... 03/14/2001

Savannah ................................. Savannah, GA ........................................................................... Security Zone .......................... 03/19/2001

Tampa 01–004 ......................... Tampa Bay, FL ......................................................................... Safety Zone ............................. 01/20/2001

Wilmington 01–001 .................. Wilmington, North Carolina ....................................................... Safety Zone ............................. 03/27/2001

REGULATIONS NOT ON PREVIOUS 3RD AND 4TH QUARTERLY REPORT

District/COTP Location Type Effective

Date

Guam 00–31 ............................ Kilo Wharf, APRA Harbor Guam .............................................. Safety Zone ............................. 09/18/00

Guam 00–034 .......................... Agat Bay, Guam ........................................................................ Safety Zone ............................. 12/12/00

New Orleans 00–039 ............... LWR Mississippi ........................................................................ Safety Zone ............................. 11/30/00

[FR Doc. 01–12976 Filed 4–22–01; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–01–063]

RIN 2115–AA97

Safety and Security Zones: USS

Samuel Eliot Morison Port Visit,

Newport, RI

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing temporary safety and

security zones off the coast of Newport

Naval Station, Newport, Rhode Island,

during the port visit of the USS

SAMUEL ELIOT MORISON to the

Newport Naval Station, Newport, Rhode

Island. The safety and security zone are

needed to safeguard the public, the area

encompassing Coddington Cove and the

USS SAMUEL ELIOT MORISON and

her crew from sabotage or other

subversive acts, accidents, or other

causes of a similar nature. Entry into

these zones is prohibited unless

authorized by the Captain of the Port,

Providence, Rhode Island or his

authorized patrol representative.

DATES: This rule is effective from 6 a.m.,

Monday, May 21, 2001, to 12 midnight

on Friday, May 25, 2001.

ADDRESSES: Documents as indicated in

this preamble are available for

inspection and copying at Marine Safety

Office Providence, 20 Risho Avenue,

East Providence, Rhode Island between

the hours of 8 a.m. and 3 p.m., Monday

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT

Casey L. Chmielewski at Marine Safety

Office Providence, (401) 435–2335.

SUPPLEMENTARY INFORMATION:

Regulatory Information

Pursuant to 5 U.S.C. 553, a notice of

proposed rulemaking (NPRM) was not

published for this regulation. Good

cause exists for making it effective less

than 30 days after Federal Register

publication. Good cause exists for not

publishing a NPRM for this regulation.

Due to the sensitive and unpredictable

nature of the USS SAMUEL ELIOT

MORISON’s schedule, the Coast Guard

received insufficient notice to publish

proposed rules in advance of the event.

Any delay encountered in this

regulation’s effective date would be

contrary to public interest since

immediate action is needed to protect

the USS SAMUEL ELIOT MORISON,

her crew, the public and the area

adjoining Coddington Cove.

Background and Purpose

From May 21, 2001, to May 25, 2001,

the USS SAMUEL ELIOT MORISON

will be berthed at Pier 2 on the Newport

Naval Station, Newport, RI. Pier 2 is

located within Coddington Cove, along

the East Passage of Narragansett Bay.

The safety and security zones are

needed to protect the USS SAMUEL

ELIOT MORISON, her crew and the

public from harmful or subversive acts,

accidents or other causes of a similar

nature in the vicinity of Coddington

Cove. The safety and security zones

have identical boundaries. All persons,

other than those approved by the

Captain of the Port or his authorized

patrol representative will be prohibited

from the zones. The zones encompass

the area within a line drawn from the

western most edge of the chartered

breakwater to the western most edge of

Pier 1. The public will be made aware

of the safety and security zones through

a Broadcast Notice to Mariners made

from U.S. Coast Guard Group Woods

Hole. U.S. Navy personnel will assist in

the enforcement of these zones.

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

sizes of the zones are the minimum

necessary to provide adequate

protection for the USS SAMUEL ELIOT

MORISON, her crew, adjoining areas,

and the public. The entities most likely

to be affected are lobstermen engaged in

setting and retrieving pots and pleasure

craft engaged in recreational activities

and sightseeing. These individuals and

vessels have ample space outside of the

safety and security zones to engage in

these activities and therefore they will

not be subject to undue hardship.

Commercial vessels, excluding

lobstermen, do not normally transit the

area of the safety and security zones.

Any lobstermen who have gear

deployed within the safety and security

Federal Register / Vol. 66, No. 100 / Wednesday, May 23, 2001 / Rules and Regulations 28373

zones, may request permission from the

COTP or his authorized patrol

representative to enter the zones to

retrieve their gear. Any hardships

experienced by persons or vessels are

considered minimal compared to the

national interest in protecting the USS

SAMUEL ELIOT MORISON and the

public.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), we considered

whether this proposal will have a

significant economic impact on a

substantial number of small entities.

The term ‘‘small entities’’ comprises

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. The

Coast Guard certifies under section

605(b) of the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.) that this final 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

into Coddington Cove from May 21,

2001 to May 25, 2001. The safety and

security zones will not have a

significant economic impact on a

substantial number of small entities for

the following reasons. Vessel traffic can

pass safely around the area and only a

small number of commercial fishing

vessels operate in the area. Vessels

engaged in recreational activities,

sightseeing and commercial fishing have

ample space outside of the safety and

security zones to engage in these

activities. Before the effective period,

we will issue maritime advisories

widely available to users of the area.

Assistance for Small Entities

Under subsection 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Public Law 104–

121), the Coast Guard wants to assist

small entities in understanding this

final rule so that they can better

evaluate its effects on them and

participate in the rulemaking. If your

small business or organization would be

affected by this final rule and you have

questions concerning its provisions or

options for compliance, please call LT

Casey Chmielewski, telephone (401)

435–2335. 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 comments on actions by

employees of the Coast Guard, call 1–

888–REG–FAIR (1–888–734–3247).

Collection of Information

This rule calls for no collection of

information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

We have analyzed this action under

Executive Order 13132, and have

determined that this rule does not have

federalism implications under that

order.

Unfunded Mandates

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 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.

Indian Tribal Governments

This rule does not have tribal

implications under Executive Order

13175, Consultation and Coordination

with Indian Tribal Governments. A rule

with tribal implications has a

substantial direct effect on one or more

Indian tribe, 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.

Environment

The Coast Guard considered the

environmental impact of these

regulations and concluded that under

Figure 2–1, paragraph 34(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.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR Part 165 as follows:

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. Add temporary § 165.T01–063 to

read as follows:

§ 165.T01–063 Safety and Security Zones:

USS SAMUEL ELIOT MORISON Port Visit;

Newport, RI.

(a) Location. The following area has

been declared both a safety zone and a

security zone: From a point beginning

on land at Latitude 41 degrees 32′13′′ N,

Longitude 071 degrees 18′43′′ W; thence

westward along the breakwater to a

point on the breakwater at Latitude 41

degrees 31′58′′ N, Longitude 071 degrees

19′28′′ W; thence southeasterly 1100

yards to a point on the end of Pier 1 at

Latitude 41 degrees 31′38′′ N, Longitude

071 degrees 19′06′′ W; thence east to a

point on land at Latitude 41 degrees

31′43′′ N, Longitude 071 degrees 18′47′′

W; thence north along the shoreline to

the beginning point.

(b) Effective date. This rule is effective

from 6 a.m. on Monday May 21, 2001,

until 12 midnight on Friday, May 25,

2001.

(c) Regulations.

(1) In accordance with the general

regulations in §§ 165.23 and 165.33 of

this part, entry into or movement within

these zones is prohibited unless

authorized by the COTP Providence or

his authorized patrol representative.

(2) No person may swim upon or

below the surface of the water within

the boundaries of the safety and security

zones.

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