Federal Register / Vol. 66, No. 109 / Wednesday, June 6, 2001 / Rules and Regulations 30317

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 affect 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 safety that may

disproportionately affect children.

Environment

The Coast Guard has considered the

environmental impact of this action and

has determined pursuant to Figure 2–1,

paragraph 34(h) of Commandant

Instruction M16475.1C, that this action

is categorically excluded from further

environmental documentation.

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 100

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR part 100 as follows:

PART 100—[AMENDED]

1. The authority citation for Part 100

continues to read as follows:

Authority: 33 U.S.C. 1233; 49 CFR 1.46; 33

CFR 100.35.

2. Temporary § 100.35T–07–040 is

added to read as follows:

§ 100.35T–07–040, Temporary Special

Local Regulation, Calibogue Sound, Harbor

Town, Hilton Head, SC.

(a) Regulated Area: A regulated area is

established on the waters of Calibogue

Sound, Harbour Town, Hilton Head, SC,

within a 1000 foot radius of a fireworks

launch area on a barge in approximate

position 32 08.2′N, 080 49.2′W. All

coordinates referenced use Datum: NAD

1983.

(b) Coast Guard Patrol Commander.

The Coast Guard Patrol Commander is

a commissioned, warrant, or petty

officer of the Coast Guard who has been

designated by Commanding Officer,

Group Charleston, SC.

(c) Special Local Regulations. Entry

into the regulated area by other than

event participants is prohibited, unless

otherwise authorized by the Patrol

Commander. Spectator craft are required

to remain in a spectator area to be

established by the event sponsor The

Club Group, LTD.

(d) Dates: These regulations are

effective from 8:30 p.m. to 10:15 p.m.

local time on July 4, 2001. If event is

postponed they are effective from 8:30

p.m. to 10:15 p.m. on July 5, 2001.

Dated: May 24, 2001.

G.W. Sutton,

Captain, U.S. Coast Guard, Commander,

Seventh Coast Guard District, Acting.

[FR Doc. 01–14228 Filed 6–5–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–01–078]

RIN 2115–AA97

Safety Zone: Fireworks Display, Kill

Van Kull, Staten Island, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

a fireworks display located on the Kill

Van Kull. This action is necessary to

provide for the safety of life on

navigable waters during the event. This

action is intended to restrict vessel

traffic in a portion of the Kill Van Kull.

DATES: This rule is effective from 9 p.m.

until 11:59 p.m. on June 24, 2001.

ADDRESSES: Documents indicated in this

preamble as being available in the

docket, are part of docket (CGD01–01–

078) and are available for inspection or

copying at Coast Guard Activities New

York, 212 Coast Guard Drive, room 204,

Staten Island, New York 10305, between

8 a.m. and 3 p.m., Monday through

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant M. Day, Waterways

Oversight Branch, Coast Guard

Activities New York (718) 354–4012.

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. Good

cause exists for not publishing an NPRM

due to the date the Application for

Approval of Marine Event was received,

there was insufficient time to draft and

publish an NPRM. Further, it is a local

event with minimal impact on the

waterway, vessels may still transit

through the northern 195 yards of the

390-yard wide Kill Van Kull during the

event, the zone is only in effect for 3

hours and vessels can be given

permission to transit the zone except for

about 20 minutes during this time.

Additionally, vessels would not be

precluded from mooring at or getting

underway from commercial or

recreational piers in the vicinity of the

zone. Any delay encountered in this

regulation’s effective date would be

unnecessary and contrary to public

interest since immediate action is

needed to close a portion of the

waterway and protect the maritime

public from the hazards associated with

this fireworks display.

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. This is due to the following

reasons: It is a local event with minimal

impact on the waterway, vessels may

still transit through the northern 195

yards of the 390-yard wide Kill Van Kull

during the event, the zone is only in

effect for 3 hours and vessels can be

given permission to transit the zone

except for about 20 minutes during this

time. Additionally, vessels would not be

precluded from mooring at or getting

underway from commercial or

recreational piers in the vicinity of the

zone.

Background and Purpose

The Coast Guard has received an

application to hold a fireworks program

on the waters of the Kill Van Kull. This

regulation establishes a safety zone in

all waters of the Kill Van Kull within a

180-yard radius of the fireworks barge in

approximate position 40°38′58.4′′N,

074°04′41.0′′W (NAD 1983), about 280

30318 Federal Register / Vol. 66, No. 109 / Wednesday, June 6, 2001 / Rules and Regulations

yards northwest of the Staten Island

Ferry Terminal. The safety zone is in

effect from 9 p.m. until 11:59 p.m. on

Sunday, June 24, 2001. The safety zone

prevents vessels from transiting a

portion of the Kill Van Kull and is

needed to protect boaters from the

hazards associated with fireworks

launched from a barge in the area.

Marine traffic will still be able to transit

through the northern 195 yards of the

390-yard wide Kill Van Kull during this

event. Additionally, vessels would not

be precluded from mooring at or getting

underway from commercial or

recreational piers in the vicinity of the

zone. Public notifications will be made

prior to the event via the Local Notice

to Mariners, Marine Information and

Facsimile Broadcasts.

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 final rule to be

so minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary. This finding is

based on the minimal time that vessels

will be restricted from the zone, that

vessels may still transit through the

northern 195 yards of the 390-yard wide

Kill Van Kull during the event, vessels

would not be precluded from mooring at

or getting underway from commercial or

recreational piers in the vicinity of the

zone, and advance notifications, which

will be made.

The size of this safety zone was

determined using National Fire

Protection Association and New York

City Fire Department standards for 6′′

mortars fired from a barge combined

with the Coast Guard’s knowledge of

tide and current conditions in the area.

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 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 Lieutenant

M. Day (see FOR FURTHER INFORMATION

CONTACT).

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).

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, some of which may be small

entities: the owners or operators of

vessels intending to transit or anchor in

a portion of the Kill Van Kull during the

times this zone is activated.

This safety zone will not have a

significant economic impact on a

substantial number of small entities for

the following reasons. It is a local event

with minimal impact on the waterway,

vessels may still transit through the

northern 195 yards of the 395-yard wide

Kill Van Kull during the event, the zone

is only in effect for 3 hours and vessels

can be given permission to transit the

zone except for about 20 minutes during

this time. Additionally, vessels would

not be precluded from mooring at or

getting underway from commercial or

recreational piers in the vicinity of the

zone. Before the effective period, public

notifications will be made via Local

Notice to Mariners, Marine Information

and Facsimile Broadcasts, which are

widely available to users of the Kill Van

Kull.

Collection of Information

This rule calls 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

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 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.

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. This rule

fits paragraph 34(g) as it establishes a

safety zone. A ‘‘Categorical Exclusion

Federal Register / Vol. 66, No. 109 / Wednesday, June 6, 2001 / Rules and Regulations 30319

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, Regulation.

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, 160.5; 49

CFR 1.46.

2. Add temporary § 165.T01–078 to

read as follows:

§ 165.T01–078 Safety Zone: Fireworks

Display, Kill Van Kull, Staten Island, NY.

(a) Location. The following area is a

safety zone: All waters of the Kill Van

Kull within a 180-yard radius of the

fireworks barge in approximate position

40°38′58.4′′N, 074°04′41.0′′W (NAD

1983), about 280 yards northwest of the

Staten Island Ferry Terminal.

(b) Effective period. This section is

effective from 9 p.m. until 11:59 p.m. on

June 24, 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 or the

designated on-scene-patrol personnel.

These personnel comprise

commissioned, warrant, and petty

officers of the Coast Guard. Upon being

hailed by a U. S. Coast Guard vessel by

siren, radio, flashing light, or other

means, the operator of a vessel shall

proceed as directed.

Dated: May 20, 2001.

P.A. Harris,

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

Port, New York, Acting.

[FR Doc. 01–14232 Filed 6–5–01; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09–01–042]

RIN 2115–AA97

Safety Zone: Grosse Pointe Farms,

Lake St. Clair, MI

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

the Celebrate America Fundraiser

fireworks display on June 14th, 2001.

This safety zone is necessary to control

vessel traffic within the immediate

location of the fireworks launch

platform and to ensure the safety of life

and property during the event. This

safety zone is intended to restrict vessel

traffic from a portion of Lake St. Clair.

DATES: This temporary final rule is

effective from 9 p.m. until 11 p.m. on

June 14th and 15th, 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 [CGD09–01–042] and are

available for inspection or copying at:

U.S. Coast Guard Marine Safety Office

Detroit, 110 Mt. Elliott St., Detroit, MI

48207, between 8 a.m. and 4 p.m.,

Monday through Friday, except Federal

holidays.

FOR FURTHER INFORMATION CONTACT: ENS

Brandon Sullivan, U. S. Coast Guard

Marine Safety Office Detroit, 110 Mt.

Elliott St., Detroit, MI 48207. The

telephone number is (313) 568–9558.

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), we find that 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 date of the event.

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 Detroit has

determined fireworks 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 platform will help ensure the

safety of persons and property at these

events and help minimize the associated

risk.

The safety zone will encompass all

waters within 300-yards of a fireworks

barge located approximately 500 feet

offshore of 950 Lake Shore Rd., Grosse

Pointe Farms in Lake St. Clair. The size

of this zone was determined using the

National Fire Prevention Association

guidelines and local knowledge

concerning wind, waves, and currents.

All persons and vessels shall comply

with the instructions of the Coast Guard

Captain of the Port or the designated on

scene patrol representative. Entry into,

transiting, or anchoring within the

safety zone is prohibited unless

authorized by the Captain of the Port

Detroit 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

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 therefore