Federal Register / Vol. 66, No. 106 / Friday, June 1, 2001 / Rules and Regulations 29699

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09–01–030]

RIN 2115–AA97

Safety Zone: Riversplash 2001,

Milwaukee River, Wisconsin

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone on

the Milwaukee River for the Riversplash

2001 fireworks display. This safety zone

is necessary to protect spectators and

vessels from the hazards associated with

the storage, preparation, and launching

of fireworks. This safety zone is

intended to restrict vessel traffic from a

portion of the waters of the Milwaukee

River, Milwaukee, Wisconsin.

DATES: This temporary rule is effective

from 8:30 p.m. (CST) until 10:40 p.m.

(CST) on June 1st and 2nd, 2001.

ADDRESSES: Comments and material

received from the public, as well as

documents indicated in this preamble

from the public, as well as documents

indicated in this preamble as being

available in the docket, are part of

docket [CGD09–01–030] and are

available for inspection or copying at

U.S. Coast Guard Marine Safety Office

Milwaukee, 2420 South Lincoln

Memorial Drive, Milwaukee, WI 53207

between 8 a.m. and 3:30 p.m., Monday

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

LCDR Timothy Sickler, Port Operations

Chief, Marine Safety Office Milwaukee,

2420 South Lincoln Memorial Drive,

Milwaukee, WI 53207. The phone

number is (414) 747–7155.

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 did not

allow sufficient time for publication of

an NPRM followed by a temporary final

rule effective 30 days after publication.

Any delay of the effective date of this

rule would be contrary to the public

interest due to the known dangers

associated with fireworks displays and

the possible loss of life, injury, and

damage to property.

Background and Purpose

This Safety Zone is established to

safeguard the public from the hazards

associated with launching of fireworks

on the Milwaukee River, Milwaukee,

Wisconsin. The size of the zone was

determined by using previous

experiences with fireworks displays in

the Captain of the Port Milwaukee zone

and local knowledge about wind, waves,

and currents in this particular area.

The safety zone will be in effect on

June 1st and 2nd, from 8:30 p.m. (CST)

until 10:40 p.m. (CST). The safety zone

will encompass all waters bounded by

the following coordinates: from the

point of origin at 43° 02.601 N, 087°

54.831 W; east along the State Street

Bridge to 43° 02.617 N, 087° 54.766 W;

south along the east bank of the

Milwaukee River to 43° 02.487 N, 087°

54.756 W; west along the Kilbourn

Street Bridge to 43° 02.506 N, 087°

54.735 W; north along the west bank of

the Milwaukee River next to Pere

Marquette Park back to the point of

origin.

All persons and vessels shall comply

with the instructions of the Captain of

the Port Milwaukee or his designated on

scene patrol personnel. Entry into,

transiting, or anchoring within the

safety zone is prohibited unless

authorized by the Captain of the Port

Milwaukee or his designate on scene

representative. The Captain of the Port

Milwaukee 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, 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).

The Coast Guard expects the

economic impact of this final rule to be

so minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

the DOT is unnecessary. This finding is

based on the following reasons: this rule

will be in effect for only two hours on

two days and late in the day when

vessel traffic is minimal; vessel traffic

may enter or transit through the safety

zone with the permission of the Captain

of the Port Milwaukee or his designated

on scene representative; and we will

issue maritime advisories, widely

available to users of the Milwaukee

River, before the effective period.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we 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: the owners or operators of

vessels intending to transit or anchor in

the vicinity of Pere Marquette Park

between the Kilbourn Avenue and State

Street Bridges, Milwaukee, Wisconsin

from 8:30 p.m. (CST) until 10:40 p.m.

(CST) on June 1st and 2nd, 2001.

This safety zone will not have

significant economic impact on a

substantial number of small entities for

the following reasons: this rule will be

in effect for only two hours on two days

and late in the day when vessel traffic

is minimal; vessel traffic may enter or

transit through the safety zone with the

permission of the Captain of the Port

Milwaukee or his designated on scene

representative; and we will issue

maritime advisories, widely available to

users of the Milwaukee River, before the

effective period.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Public Law 104–

121), we offer to assist small entities in

understanding the rule so that they can

better evaluate its effects on them 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 Milwaukee (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

29700 Federal Register / Vol. 66, No. 106 / Friday, June 1, 2001 / Rules and Regulations

wish to comment on actions by

employees of the Coast Guard, call 1–

800–REG–FAIR (1–888–734–3247).

Collection of Information

This rule 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 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 (34)(g), of Commandant

Instruction M16475.1C, this rule is

categorically excluded from further

environmental documentation.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

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–

916 is added to read as follows:

§ 165.T09–916 Safety Zone; Milwaukee

River, Milwaukee, Wisconsin.

(a) Location: All waters of the

Milwaukee River encompassed by the

following coordinates: from the point of

origin at 43° 02.601 N, 087° 54.831 W;

east along the State Street Bridge to 43°

02.617 N, 087° 54.766 W; south along

the east bank of the Milwaukee River to

43° 02.487 N, 087° 54.756 W; west along

the Kilbourn Street Bridge to 43° 02.506

N, 087° 54.735 W; north along the west

bank of the Milwaukee River next to

Pere Marquette Park back to the point of

origin.

(b) Effective Times and Dates. From

8:30 p.m. until 10:40 p.m. on June 1st

and 2nd, 2001.

(c) Regulations. (1) The general

regulations contained in 33 CFR 165.23

apply.

(2) All persons and vessels shall

comply with the instructions of the

Coast Guard Captain of the Port

Milwaukee or the designated on scene

patrol personnel. Coast Guard patrol

personnel include commissioned,

warrant or petty officers of the U.S.

Coast Guard. Upon being hailed by a

U.S. Coast Guard vessel via siren, radio,

flashing light, or other means, the

operator shall proceed as directed.

(3) This safety zone should not

adversely effect shipping. However,

commercial vessels may request

permission from the Captain of the Port

Milwaukee to enter or transit the safety

zone. Approval will be made on a caseby-case basis. Requests must be in

advance and approved by the Captain of

the Port Milwaukee before transits will

be authorized. The Captain of the Port

Milwaukee may be contacted via U.S.

Coast Guard Group Milwaukee on

Channel 16, VHF–FM.

Dated: May 21, 2001.

M.R. DeVries,

Commander, U.S. Coast Guard, Captain of

the Port, Milwaukee, Milwaukee, Wisconsin.

[FR Doc. 01–13705 Filed 5–31–01; 8:45 am]

BILLING CODE 4910–15–M

LIBRARY OF CONGRESS

Copyright Office

37 CFR Parts 252 and 257

[Docket No. RM 2001–3A CARP]

Cable and Satellite Statutory Licenses

AGENCY: Copyright Office, Library of

Congress.

ACTION: Final rule.

SUMMARY: The Copyright Office of the

Library of Congress is adopting final

regulations for filing a claim to royalties

collected under the cable statutory

license, 17 U.S.C. 111, and the satellite

statutory license, 17 U.S.C. 119. Under

the new rules, a party who files a joint

claim on behalf of multiple copyright

owners must list the name and address

of each copyright owner to the joint

claim.

EFFECTIVE DATE: July 1, 2001.

FOR FURTHER INFORMATION CONTACT:

David O. Carson, General Counsel or

Tanya M. Sandros, Senior Attorney for

Compulsory Licenses, Copyright

Arbitration Royalty Panel, P.O. Box

70977, Southwest Station, Washington,

D.C. 20024. Telephone: (202) 707–8380.

Telefax: (202) 252–3423.

SUPPLEMENTARY INFORMATION:

Background

Each July, persons who are entitled to

statutory license fees collected under

the provisions of the cable statutory

license, 17 U.S.C. 111, and the satellite

statutory license, 17 U.S.C. 119, must

file a claim with the Copyright Office in

accordance with its regulations in order

to establish their claim to a share of the

royalty fees. See 37 CFR 252.3 and

257.3. Historically, the filing

requirements have been minimal,

requiring only the identification of the

claimant, contact information, a

statement of the nature of the claimant’s

copyrighted work, at least one example

of a secondary retransmission of the

claimant’s work during the previous

calender year, an original signature of

the claimant or a duly authorized

representative of the claimant, and, in

the case of a joint claim, a statement on

the part of the entity filing the claim

that authorization for filing the claim

exists.

On April 26, 2001, the Copyright

Office published a Notice of Proposed

Rulemaking, seeking comment on

proposed amendments which were

offered to clarify that the identity of

each copyright owner must be listed on

each claim. 66 FR 20958 (April 26,

2001). The need for this clarification