Federal Register / Vol. 66, No. 108 / Tuesday, June 5, 2001 / Rules and Regulations 30059

REVISIONS TO IFR ALTITUDES AND CHANGEOVER POINTS—Continued

[Amendment 429 effective date: July 12, 2001]

From To MEA

§ 95.6257 VOR Federal Airway 257

GRAND CANYON, AZ VOR/DME ................................................ *DOZIT, AZ FIX ........................................................................... ** 14500

*14500—MCA DOZIT FIX S BND

**11200—MOCA

DOZIT, AZ FIX .............................................................................. JALMA, AZ FIX ............................................................................ *14500

*11200—MOCA

JALMA, AZ FIX ............................................................................. KACIR, AZ FIX ............................................................................ *13000

* 11000—MOCA

KACIR, AZ FIX .............................................................................. BRYCE CANYON, UT VORTAC ................................................. 11600

§ 95.6271 VOR Federal Airway 271

MUSKEGON, MI VORTAC ........................................................... WELKO, MI FIX ........................................................................... *3000

*2400—MOCA

WELKO, MI FIX ............................................................................ MANISTEE, MI VOR/DME .......................................................... *4000

*2100—MOCA .

§ 95.6285 VOR Federal Airway 285

WHITE CLOUD, MI VORTAC ....................................................... MANISTEE, MI VOR/DME .......................................................... *4000

*2400—MOCA .

§ 95.6465 VOR Federal Airway 465

LUNDI, ID FIX ............................................................................... JACKSON HOLE, WY VOR/DME ............................................... *15000

*129000—MOCA

From To

Changeover Points

Distance From

§ 95.8003 VOR Federal Airway Changeover Points

V–135 Is Amended by Adding Changeover Point

Airway Segment:

BEATTY, NV VORTAC .................................................... TONOPAH, NV VORTAC ............................................... 34 BEATTY

#COP 53 NM FROM AND UTILIZES COALDALE,

NV VORTAC ON THE 129 M RAD

V–257 Is Amended To Modify Changeover Point

GRAND CANYON, AZ VOR/DME ................................... BRYCE CANYON, UT VORTAC .................................... 36 GRAND

CANYON

[FR Doc. 01–14107 Filed 6–4–01; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR PART 165

[CGD09–01–032]

RIN 2115–AA97

Safety Zone: U.S. Aerospace

Challenge, Holland, MI

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone

encompassing a portion of Lake

Michigan near Holland, Michigan. This

safety zone is necessary for the

protection of passengers and vessels

during a planned rocket launch show

over Lake Michigan. The safety zone is

intended to restrict vessel traffic from

the waters of Lake Michigan off

Holland, Michigan.

DATES: This temporary final rule is

effective from 9 a.m. (local) and

terminates at 2 p.m. (local), June 2,

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 CDG09–01–032 and are available

for inspection or copying at: U.S. Coast

Guard Marine Safety Office Chicago,

215 W. 83rd Street, Chicago, Illinois

60521 or deliver them to the Coast

Guard Marine Safety Office, 215 W.

83rd Street, Suite D, Burr Ridge, Illinois

and are available for inspection or

copying between 7:30 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, 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 it effective less than 30

days after publication in the Federal

Register. The permit application was

30060 Federal Register / Vol. 66, No. 108 / Tuesday, June 5, 2001 / Rules and Regulations

not received in time to publish an

NPRM followed by a temporary final

rule that would be effective before the

necessary date. Publication of a notice

of proposed rulemaking and delay of

effective date would be contrary to the

public interest because immediate

action is necessary to prevent possible

loss of life, injury, or damage to

property or the environment.

Background and Purpose

A temporary safety zone is required to

ensure safety of vessels and spectators

from hazards associated with rocket

launches. Entry into, transit through, or

anchoring within this safety zone is

prohibited unless authorized by the

Captain of the Port, Chicago or the

designated Patrol Commander. The

designated Patrol Commander on scene

may be contacted on VHF Channel 16.

The safety zone will encompass all

waters of Lake Michigan bounded by the

lines of a triangle with corners at

approximate positions 42° 46′24′′ N,

086°12′57′′ W; 42°46′25′′ N, 086°14′08′′

W; 42°47′09′′ N, 086°13′33′′ W. The

rockets will be launched for the end of

the Holland State Park Northern Pier.

The Captain of the Port Chicago or his

designated on scene representative have

the authority to terminate the event.

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 proposed 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

proposed 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 proposed 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 proposed rule

would not have a significant economic

impact on a substantial number of small

entities.

This proposed 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 proposed

zone is only in effect for few hours on

the day of the event; vessel traffic can

safely pass outside the proposed safety

zone during the event; and 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 Lake Michigan by

the Ninth Coast Guard District Local

Notice to Mariners, Marine information

broadcasts, and facsimile broadcasts

may also be made.

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 (Pub. L. 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 proposed 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 proposed 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 proposed

rule would not impose an unfunded

mandate.

Taking of Private Property

This proposed 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 proposed 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

proposed 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.

Federal Register / Vol. 66, No. 108 / Tuesday, June 5, 2001 / Rules and Regulations 30061

Environment

We have considered the

environmental impact of this proposed

rule and concluded that, under figure 2–

1, paragraph 34(g) of Commandant

Instruction M16475.1C, this proposed

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 § 165.T09–914 is

added to read as follows:

§ 165.T09–914 Safety Zone: Lake

Michigan, Holland, MI.

(a) Location. The following area is a

safety zone: The waters of Lake

Michigan off Holland State Park North

Pier, bounded by the sides of a triangle

with corners in approximate positions:

42°46′24′′ N, 086°12′57′′ W; 42°46′25′′ N,

086°14′08′′ W; 42°47′09′′ N, 086°13′33′′

W.

(b) Effective Date. This safety zone is

effective from 9 a.m. (local) until 2 p.m.

(local), June 2, 2001.

(c) Regulations. This safety zone is

being established to protect the boating

public in the vicinity of a planned

rocket launch show over Lake Michigan.

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 the designated

Patrol Commander.

Dated: May 16, 2001.

R. E. Seebald,

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

Port, Chicago.

[FR Doc. 01–14097 Filed 6–4–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–01–075]

RIN 2115–AA97

Safety Zone: USS DOYLE Port Visit—

Boston, Massachusetts

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

the USS DOYLE port visit from 7 a.m.

June 1, 2001 until 2 p.m. June 4, 2001

in Boston, MA. The safety zone

temporarily closes all waters of Boston

Inner Harbor within a seventy five (75)

foot radius of the USS DOYLE. The

safety zone prohibits entry into or

movement within this portion of Boston

Inner Harbor during the effective period

without Captain of the Port

authorization. The safety zone is needed

to protect the maritime community from

the hazards caused by the transit of a

large naval vessel, as well as to

safeguard the USS DOYLE, the public

and the surrounding area from sabotage

or other subversive acts, accidents, or

other events of a similar nature.

DATES: This rule is effective from 7 a.m.

Friday, June 1 until 2 p.m. Monday,

June 4, 2001.

ADDRESSES: Documents as indicated in

this preamble are part of docket CGD01–

01–75 and are available for inspection

or copying at Marine Safety Office

Boston, 455 Commercial Street, Boston,

MA between the hours of 8 a.m. and 3

p.m., Monday through Friday, except

Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant (junior grade) Dave Sherry,

Marine Safety Office Boston, Waterways

Management Division, at (617) 223–

3006.

SUPPLEMENTARY INFORMATION:

Regulatory History

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

proposed rulemaking (NPRM) was not

published for this regulation. Good

cause exists for not publishing a NPRM

and for making this regulation effective

in less than 30 days after Federal

Register publication. Due to security

concerns for the vessel, information

about the port call of the USS DOYLE

was not provided to the Coast Guard

until May 14, 2001, making it

impossible to draft or publish a NPRM

or a final rule 30 days in advance of its

effective date. Any delay encountered in

this regulation’s effective date would be

unnecessary and contrary to public

interest since immediate action is

needed to protect the maritime

community from hazards created by a

large naval vessel’s transit through

Boston Harbor. In addition, immediate

action is needed to safeguard the USS

DOYLE, the public and the surrounding

area from sabotage or other subversive

acts, accidents, or other events of a

similar nature. This temporary safety

zone is only effective for a three day

long port call and should have

negligible impact on vessel transits due

to the fact that vessels can safely transit

around the zone and that they are not

precluded from using any portion of the

waterway except the safety zone area

itself.

Background and Purpose

This regulation establishes a moving

safety zone on the waters of Boston

Inner Harbor seventy five (75) foot

radius of the USS DOYLE during its

inbound and outbound transits between

the BG buoy and Pier One in the

Charlestown Navy Yard in Boston Inner

Harbor. A stationary safety zone will

remain effective while at its temporary

berth at Pier One in the Charlestown

Navy Yard. The safety zone is in effect

from 7 a.m. June 1 until 2 p.m. June 4,

2001. This safety zone prohibits entry

into or movement within this portion of

Boston Harbor and is needed to protect

the maritime community from hazards

created by a large naval vessel’s transit,

to safeguard the USS DOYLE, the public

and the surrounding area from sabotage

or other subversive acts, accidents, or

other events of a similar nature. Marine

traffic may transit safely outside of the

safety zone during the inbound and

outbound transit between the BG buoy

and Pier One in the Charlestown Navy

Yard, and while the vessel is moored in

the Charlestown Navy Yard. The

Captain of the Port does not anticipate

any negative impact on vessel traffic

due to the establishment of this safety

zone. Public notifications will be made

prior to the effective period via local

notice to mariners and marine

information broadcasts.

Regulatory Evaluation

This rule is not a ‘‘significant

regulatory action’’ under section 3(f) of

Executive Order 12866 and does not